THE BHARATIYA NYAYA SANHITA, 2023 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, commencement and application. 

2. Definitions. 

3. General explanations. 

CHAPTER II 

OF PUNISHMENTS 

4. Punishments. 

5. Commutation of sentence. 

6. Fractions of terms of punishment. 

7. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. 

8. Amount of fine, liability in default of payment of fine, etc. 

9. Limit of punishment of offence made up of several offences. 

10. Punishment of person guilty of one of several offences, judgment stating that it is doubtful of 

which. 

11. Solitary confinement. 

12. Limit of solitary confinement. 

13. Enhanced punishment for certain offences after previous conviction. 

CHAPTER III 

GENERAL EXCEPTIONS 

14. Act done by a person bound, or by mistake of fact believing himself bound, by law. 

15. Act of Judge when acting judicially. 

16. Act done pursuant to judgment or order of Court. 

17. Act done by a person justified, or by mistake of fact believing himself justified, by law. 

18. Accident in doing a lawful act. 

19. Act likely to cause harm, but done without criminal intent, and to prevent other harm. 

20. Act of a child under seven years of age.  

21. Act of a child above seven and under twelve years of age of immature understanding. 

22. Act of a person of unsound mind.  

23. Act of a person incapable of judgment by reason of intoxication caused against his will. 

24. Offence requiring a particular intent or knowledge committed by one who is intoxicated. 

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SECTIONS 

25. Act not intended and not known to be likely to cause death or grievous hurt, done by consent. 

26. Act not intended to cause death, done by consent in good faith for person's benefit. 

27. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of 

guardian. 

28. Consent known to be given under fear or misconception. 

29. Exclusion of acts which are offences independently of harm caused. 

30. Act done in good faith for benefit of a person without consent. 

31. Communication made in good faith. 

32. Act to which a person is compelled by threats. 

33. Act causing slight harm. 

Of right of private defence 

34. Things done in private defence. 

35. Right of private defence of body and of property. 

36. Right of private defence against act of a person of unsound mind, etc. 

37. Acts against which there is no right of private defence. 

38. When right of private defence of body extends to causing death. 

39. When such right extends to causing any harm other than death. 

40. Commencement and continuance of right of private defence of body. 

41. When right of private defence of property extends to causing death. 

42. When such right extends to causing any harm other than death. 

43. Commencement and continuance of right of private defence of property.  

44. Right of private defence against deadly assault when there is risk of harm to innocent person. 

CHAPTER IV 

OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT 

of abetment 

45.  Abetment of a thing. 

46. Abettor. 

47. Abetment in India of offences outside India. 

48. Abetment outside India for offence in India. 

49. Punishment of abetment if act abetted is committed in consequence and where no express 

provision is made for its punishment. 

50. Punishment of abetment if person abetted does act with different intention from that of 

abettor. 

51. Liability of abettor when one act abetted and different act done. 

52. Abettor when liable to cumulative punishment for act abetted and for act done. 

53. Liability of abettor for an effect caused by act abetted different from that intended by abettor. 

54. Abettor present when offence is committed. 

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55. Abetment of offence punishable with death or imprisonment for life. 

56. Abetment of offence punishable with imprisonment. 

57. Abetting commission of offence by public or by more than ten persons. 

58. Concealing design to commit offence punishable with death or imprisonment for life. 

59. Public servant concealing design to commit offence which it is his duty to prevent. 

60. Concealing design to commit offence punishable with imprisonment. 

61. Criminal conspiracy. 

Of criminal conspiracy 

Of attempt 

62. Punishment for attempting to commit offences punishable with imprisonment for life or other 

imprisonment. 

CHAPTER V 

OF OFFENCES AGAINST WOMAN AND CHILD 

Of sexual offences 

63. Rape. 

64. Punishment for rape. 

65. Punishment for rape in certain cases. 

66. Punishment for causing death or resulting in persistent vegetative state of victim. 

67. Sexual intercourse by husband upon his wife during separation. 

68. Sexual intercourse by a person in authority.  

69. Sexual intercourse by employing deceitful means, etc. 

70. Gang rape. 

71. Punishment for repeat offenders. 

72. Disclosure of identity of victim of certain offences, etc. 

73. Printing or publishing any matter relating to Court proceedings without permission. 

74. Assault or use of criminal force to woman with intent to outrage her modesty. 

Of criminal force and assault against woman 

75. Sexual harassment. 

76. Assault or use of criminal force to woman with intent to disrobe. 

77. Voyeurism. 

78. Stalking. 

79. Word, gesture or act intended to insult modesty of a woman. 

Of offences relating to marriage 

80. Dowry death. 

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SECTIONS 

81. Cohabitation caused by man deceitfully inducing belief of lawful marriage. 

82. Marrying again during lifetime of husband or wife. 

83. Marriage ceremony fraudulently gone through without lawful marriage. 

84. Enticing or taking away or detaining with criminal intent a married woman. 

85. Husband or relative of husband of a woman subjecting her to cruelty. 

86. Cruelty defined. 

87. Kidnapping, abducting or inducing woman to compel her marriage, etc. 

Of causing miscarriage, etc. 

88. Causing miscarriage. 

89. Causing miscarriage without woman's consent. 

90. Death caused by act done with intent to cause miscarriage. 

91. Act done with intent to prevent child being born alive or to cause to die after birth. 

92. Causing death of quick unborn child by act amounting to culpable homicide. 

Of offences against child 

93. Exposure and abandonment of child under twelve years of age, by parent or person having 

care of it. 

94. Concealment of birth by secret disposal of dead body.  

95. Hiring, employing or engaging a child to commit an offence. 

96. Procuration of child. 

97. Kidnapping or abducting child under ten years of age with intent to steal from its person. 

98. Selling child for purposes of prostitution, etc. 

99. Buying child for purposes of prostitution, etc. 

CHAPTER VI 

OF OFFENCES AFFECTING THE HUMAN BODY 

Of offences affecting life 

100. Culpable homicide. 

101. Murder. 

102. Culpable homicide by causing death of person other than person whose death was intended. 

103. Punishment for murder. 

104. Punishment for murder by life-convict. 

105. Punishment for culpable homicide not amounting to murder. 

106. Causing death by negligence. 

107. Abetment of suicide of child or person of unsound mind. 

108. Abetment of suicide. 

109. Attempt to murder. 

110. Attempt to commit culpable homicide. 

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SECTIONS 

111. Organised crime. 

112. Petty organised crime. 

113. Terrorist act. 

Of hurt 

114. Hurt.  

115. Voluntarily causing hurt. 

116. Grievous hurt. 

117. Voluntarily causing grievous hurt. 

118. Voluntarily causing hurt or grievous hurt by dangerous weapons or means. 

119. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act.  

120. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of 

property. 

121. Voluntarily causing hurt or grievous hurt to deter public servant from his duty. 

122. Voluntarily causing hurt or grievous hurt on provocation. 

123. Causing hurt by means of poison, etc., with intent to commit an offence. 

124. Voluntarily causing grievous hurt by use of acid, etc. 

125. Act endangering life or personal safety of others. 

Of wrongful restraint and wrongful confinement 

126. Wrongful restraint. 

127. Wrongful confinement. 

128. Force. 

129. Criminal force. 

130. Assault. 

Of criminal force and assault 

131. Punishment for assault or criminal force otherwise than on grave provocation. 

132. Assault or criminal force to deter public servant from discharge of his duty. 

133. Assault or criminal force with intent to dishonour person, otherwise than on grave 

provocation. 

134. Assault or criminal force in attempt to commit theft of property carried by a person. 

135. Assault or criminal force in attempt to wrongfully confine a person.  

136. Assault or criminal force on grave provocation. 

Of kidnapping, abduction, slavery and forced labour 

137. Kidnapping. 

138. Abduction. 

139. Kidnapping or maiming a child for purposes of begging. 

140. Kidnapping or abducting in order to murder or for ransom, etc. 

141. Importation of girl or boy from foreign country. 

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142. Wrongfully concealing or keeping in confinement, kidnapped or abducted person. 

143. Trafficking of person. 

144. Exploitation of a trafficked person. 

145. Habitual dealing in slaves. 

146. Unlawful compulsory labour. 

CHAPTER VII 

OF OFFENCES AGAINST THE STATE 

147. Waging, or attempting to wage war, or abetting waging of war, against Government of 

India. 

148. Conspiracy to commit offences punishable by section 147. 

149. Collecting arms, etc., with intention of waging war against Government of India. 

150. Concealing with intent to facilitate design to wage war. 

151. Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful 

power. 

152. Act endangering sovereignty, unity and integrity of India.  

153. Waging war against Government of any foreign State at peace with Government of India. 

154. Committing depredation on territories of foreign State at peace with Government of India. 

155. Receiving property taken by war or depredation mentioned in sections 153 and 154. 

156. Public servant voluntarily allowing prisoner of State or war to escape. 

157. Public servant negligently suffering such prisoner to escape. 

158. Aiding escape of, rescuing or harbouring such prisoner. 

CHAPTER VIII 

OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE 

159. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. 

160. Abetment of mutiny, if mutiny is committed in consequence thereof. 

161. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of 

his office.  

162. Abetment of such assault, if assault committed. 

163. Abetment of desertion of soldier, sailor or airman. 

164. Harbouring deserter. 

165. Deserter concealed on board merchant vessel through negligence of master. 

166. Abetment of act of insubordination by soldier, sailor or airman. 

167. Persons subject to certain Acts. 

168. Wearing garb or carrying token used by soldier, sailor or airman. 

CHAPTER IX 

OF OFFENCES RELATING TO ELECTIONS 

169. Candidate, electoral right defined. 

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SECTIONS 

170. Bribery. 

171. Undue influence at elections. 

172. Personation at elections. 

173. Punishment for bribery. 

174. Punishment for undue influence or personation at an election. 

175. False statement in connection with an election. 

176. Illegal payments in connection with an election. 

177. Failure to keep election accounts. 

CHAPTER X 

OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS 

178. Counterfeiting coin, Government stamps, currency-notes or bank-notes. 

179. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or                

bank-notes. 

180. Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes. 

181.  Making  or  possessing  instruments  or  materials  for  forging  or  counterfeiting  coin, 

Government stamp, currency-notes or bank-notes. 

182. Making or using documents resembling currency-notes or bank-notes.  

183. Effacing writing from substance bearing Government stamp, or removing from document a 

stamp used for it, with intent to cause loss to Government. 

184. Using Government stamp known to have been before used. 

185. Erasure of mark denoting that stamp has been used.  

186. Prohibition of fictitious stamps.  

187. Person employed in mint causing coin to be of different weight or composition from that 

fixed by law.  

188. Unlawfully taking coining instrument from mint. 

CHAPTER XI 

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY 

189. Unlawful assembly. 

190. Every member of unlawful assembly guilty of offence committed in prosecution of common 

object. 

191. Rioting. 

192. Wantonly giving provocation with intent to cause riot-if rioting be committed; if not 

committed. 

193. Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place.  

194. Affray.  

195. Assaulting or obstructing public servant when suppressing riot, etc. 

196. Promoting enmity between different groups on grounds of religion, race, place of birth, 

residence, language, etc., and doing acts prejudicial to maintenance of harmony. 

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197. Imputations, assertions prejudicial to national integration. 

CHAPTER XII 

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS 

198. Public servant disobeying law, with intent to cause injury to any person. 

199. Public servant disobeying direction under law. 

200. Punishment for non-treatment of victim. 

201. Public servant framing an incorrect document with intent to cause injury. 

202. Public servant unlawfully engaging in trade. 

203. Public servant unlawfully buying or bidding for property. 

204. Personating a public servant. 

205. Wearing garb or carrying token used by public servant with fraudulent intent. 

CHAPTER XIII 

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 

206. Absconding to avoid service of summons or other proceeding. 

207. Preventing service of summons or other proceeding, or preventing publication thereof. 

208. Non-attendance in obedience to an order from public servant.  

209. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik 

Suraksha Sanhita, 2023. 

210. Omission to produce document or electronic record to public servant by person legally 

bound to produce it. 

211. Omission to give notice or information to public servant by person legally bound to give it. 

212. Furnishing false information. 

213. Refusing oath or affirmation when duly required by public servant to make it. 

214. Refusing to answer public servant authorised to question. 

215. Refusing to sign statement. 

216. False statement on oath or affirmation to public servant or person authorised to administer 

an oath or affirmation.  

217. False information, with intent to cause public servant to use his lawful power to injury of 

another person. 

218. Resistance to taking of property by lawful authority of a public servant. 

219. Obstructing sale of property offered for sale by authority of public servant.  

220. Illegal purchase or bid for property offered for sale by authority of public servant. 

221. Obstructing public servant in discharge of public functions. 

222. Omission to assist public servant when bound by law to give assistance. 

223. Disobedience to order duly promulgated by public servant. 

224. Threat of injury to public servant. 

225. Threat of injury to induce person to refrain from applying for protection to public servant. 

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SECTIONS 

226. Attempt to commit suicide to compel or restrain exercise of lawful power. 

CHAPTER XIV 

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE 

227. Giving false evidence. 

228. Fabricating false evidence. 

229. Punishment for false evidence. 

230. Giving or fabricating false evidence with intent to procure conviction of capital offence. 

231. Giving or fabricating false evidence with intent to procure conviction of offence punishable 

with imprisonment for life or imprisonment. 

232. Threatening any person to give false evidence. 

233. Using evidence known to be false. 

234. Issuing or signing false certificate. 

235. Using as true a certificate known to be false. 

236. False statement made in declaration which is by law receivable as evidence. 

237. Using as true such declaration knowing it to be false. 

238. Causing disappearance of evidence of offence, or giving false information to screen 

offender. 

239. Intentional omission to give information of offence by person bound to inform. 

240. Giving false information respecting an offence committed. 

241. Destruction of document or electronic record to prevent its production as evidence. 

242. False personation for purpose of act or proceeding in suit or prosecution.  

243. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in 

execution. 

244. Fraudulent claim to property to prevent its seizure as forfeited or in execution. 

245. Fraudulently suffering decree for sum not due. 

246. Dishonestly making false claim in Court. 

247. Fraudulently obtaining decree for sum not due. 

248. False charge of offence made with intent to injure. 

249. Harbouring offender. 

250. Taking gift, etc., to screen an offender from punishment. 

251. Offering gift or restoration of property in consideration of screening offender. 

252. Taking gift to help to recover stolen property, etc. 

253. Harbouring offender who has escaped from custody or whose apprehension has been 

ordered. 

254. Penalty for harbouring robbers or dacoits. 

255. Public servant disobeying direction of law with intent to save person from punishment or 

property from forfeiture. 

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SECTIONS 

256.  Public  servant  framing  incorrect  record  or  writing  with  intent  to  save  person  from 

punishment or property from forfeiture. 

257. Public servant in judicial proceeding corruptly making report, etc., contrary to law. 

258. Commitment for trial or confinement by person having authority who knows that he is 

acting contrary to law. 

259. Intentional omission to apprehend on part of public servant bound to apprehend. 

260. Intentional omission to apprehend on part of public servant bound to apprehend person 

under sentence or lawfully committed. 

261. Escape from confinement or custody negligently suffered by public servant. 

262. Resistance or obstruction by a person to his lawful apprehension. 

263. Resistance or obstruction to lawful apprehension of another person. 

264. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not 

otherwise provided for. 

265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise 

provided for. 

266. Violation of condition of remission of punishment. 

267. Intentional insult or interruption to public servant sitting in judicial proceeding. 

268. Personation of assessor. 

269. Failure by person released on bail bond or bond to appear in Court. 

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE,  

CHAPTER XV 

DECENCY AND MORALS 

270. Public nuisance. 

271. Negligent act likely to spread infection of disease dangerous to life. 

272. Malignant act likely to spread infection of disease dangerous to life. 

273. Disobedience to quarantine rule.  

274. Adulteration of food or drink intended for sale. 

275. Sale of noxious food or drink. 

276. Adulteration of drugs. 

277. Sale of adulterated drugs. 

278. Sale of drug as a different drug or preparation. 

279. Fouling water of public spring or reservoir. 

280. Making atmosphere noxious to health. 

281. Rash driving or riding on a public way. 

282. Rash navigation of vessel. 

283. Exhibition of false light, mark or buoy. 

284. Conveying person by water for hire in unsafe or overloaded vessel. 

285. Danger or obstruction in public way or line of navigation. 

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SECTIONS 

286. Negligent conduct with respect to poisonous substance. 

287. Negligent conduct with respect to fire or combustible matter. 

288. Negligent conduct with respect to explosive substance. 

289. Negligent conduct with respect to machinery. 

290. Negligent conduct with respect to pulling down, repairing or constructing buildings, etc. 

291. Negligent conduct with respect to animal. 

292. Punishment for public nuisance in cases not otherwise provided for. 

293. Continuance of nuisance after injunction to discontinue. 

294. Sale, etc., of obscene books, etc. 

295. Sale, etc., of obscene objects to child. 

296. Obscene acts and songs. 

297. Keeping lottery office. 

CHAPTER XVI 

OF OFFENCES RELATING TO RELIGION 

298. Injuring or defiling place of worship with intent to insult religion of any class. 

299. Deliberate and malicious acts, intended to outrage religious feelings of any class by 

insulting its religion or religious beliefs. 

300. Disturbing religious assembly. 

301. Trespassing on burial places, etc. 

302. Uttering words, etc., with deliberate intent to wound religious feelings of any person. 

CHAPTER XVII 

OF OFFENCES AGAINST PROPERTY 

Of theft 

303. Theft. 

304. Snatching.  

305. Theft in a dwelling house, or means of transportation or place of worship, etc. 

306. Theft by clerk or servant of property in possession of master. 

307. Theft after preparation made for causing death, hurt or restraint in order to committing of 

theft. 

308. Extortion. 

309. Robbery. 

310. Dacoity. 

Of extortion 

Of robbery and dacoity 

311. Robbery, or dacoity, with attempt to cause death or grievous hurt. 

312. Attempt to commit robbery or dacoity when armed with deadly weapon. 

313. Punishment for belonging to gang of robbers, etc. 

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Of criminal misappropriation of property 

SECTIONS 

314. Dishonest misappropriation of property. 

315. Dishonest misappropriation of property possessed by deceased person at the time of his 

death. 

316. Criminal breach of trust. 

Of criminal breach of trust 

Of receiving stolen property 

317. Stolen property. 

318. Cheating. 

319. Cheating by personation. 

Of cheating 

Of fraudulent deeds and dispositions of property 

320. Dishonest or fraudulent removal or concealment of property to prevent distribution among 

creditors. 

321. Dishonestly or fraudulently preventing debt being available for creditors. 

322. Dishonest or fraudulent execution of deed of transfer containing false statement of 

consideration. 

323. Dishonest or fraudulent removal or concealment of property. 

324. Mischief. 

325. Mischief by killing or maiming animal. 

Of mischief 

326. Mischief by injury, inundation, fire or explosive substance, etc. 

327. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of 

twenty tons burden. 

328. Punishment for intentionally running vessel aground or ashore with intent to commit theft, 

etc. 

Of criminal trespass 

329. Criminal trespass and house-trespass. 

330. House-trespass and hous-ebreaking. 

331. Punishment for house-trespass or house-breaking. 

332. House-trespass in order to commit offence. 

333. House-trespass after preparation for hurt, assault or wrongful restraint. 

334. Dishonestly breaking open receptacle containing property. 

CHAPTER XVIII 

OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS 

335. Making a false document. 

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SECTIONS 

336. Forgery. 

337. Forgery of record of Court or of public register, etc. 

338. Forgery of valuable security, will, etc. 

339. Having possession of document described in section 337 or section 338, knowing it to be 

forged and intending to use it as genuine. 

340. Forged document or electronic record and using it as genuine. 

341. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under 

section 338. 

342. Counterfeiting device or mark used for authenticating documents described in section 338, 

or possessing counterfeit marked material. 

343. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security. 

344. Falsification of accounts. 

345. Property mark. 

Of property marks 

346. Tampering with property mark with intent to cause injury. 

347. Counterfeiting a property mark. 

348. Making or possession of any instrument for counterfeiting a property mark. 

349. Selling goods marked with a counterfeit property mark. 

350. Making a false mark upon any receptacle containing goods. 

CHAPTER XIX 

OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC. 

351. Criminal intimidation. 

352. Intentional insult with intent to provoke breach of peace. 

353. Statements conducing to public mischief. 

354. Act caused by inducing person to believe that he will be rendered an object of Divine 

displeasure. 

355. Misconduct in public by a drunken person. 

Of defamation 

356. Defamation. 

Of breach of contract to attend on and supply wants of helpless person 

357. Breach of contract to attend on and supply wants of helpless person. 

CHAPTER XX 

REPEAL AND SAVINGS 

358. Repeal and savings. 

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THE BHARATIYA NYAYA SANHITA, 2023 

ACT NO. 45 OF 2023 

An Act to consolidate and amend the provisions relating to offences and for matters connected therewith 

or incidental thereto. 

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:–– 

 [25th December, 2023.] 

CHAPTER I 

PRELIMINARY 

1. Short title, commencement and application.––(1) This Act may be called the Bharatiya Nyaya 

Sanhita, 2023. 

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita. 

(3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or 

omission contrary to the provisions thereof, of which he shall be guilty within India. 

(4)  Any  person  liable,  by  any  law  for  the  time  being  in  force  in  India,  to  be  tried  for  an  offence 
committed  beyond  India  shall  be  dealt  with  according  to  the  provisions  of  this  Sanhita  for  any  act 
committed beyond India in the same manner as if such act had been committed within India. 

(5) The provisions of this Sanhita shall also apply to any offence committed by— 

(a) any citizen of India in any place without and beyond India; 

(b) any person on any ship or aircraft registered in India wherever it may be; 

(c) any person in any place without and beyond India committing offence targeting a computer 

resource located in India.  

Explanation.—In this section, the word “offence” includes every act committed outside India which, 

if committed in India, would be punishable under this Sanhita.  

Illustration. 

A, who is a citizen of India, commits a murder in any place without and beyond India. 

He can be tried and convicted of murder in any place in India in which he may be found. 

(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion 
of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any 
special or local law. 

2. Definitions. –– In this Sanhita, unless the context otherwise requires,–– 

(1) “act” denotes as well a series of acts as a single act; 

(2) “animal” means any living creature, other than a human being; 

(3) “child” means any person below the age of eighteen years; 

(4) “counterfeit”.––A  person  is  said to  “counterfeit” who  causes one thing  to resemble  another 
thing, intending by means of that resemblance to practise deception, or knowing it to be likely that 
deception will thereby be practised.  

1. 1st  July,  2024,  except  the  provision of  sub-section  (2)  of  section  106,  vide  notification  No.  S.O.  850(E), dated,  23rd  day  of 
February, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 

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Explanation 1.—It is not essential to counterfeiting that the imitation should be exact. 

Explanation 2.—When a person causes one thing to resemble another thing, and the resemblance 
is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, 
that  the  person  so  causing  the  one  thing  to  resemble  the  other  thing  intended  by  means  of  that 
resemblance to practise deception or knew it to be likely that deception would thereby be practised; 

(5) “Court” means a Judge who is empowered by law to act judicially alone, or a body of Judges 
which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting 
judicially;  

(6) “death” means the death of a human being unless the contrary appears from the context; 

(7)  “dishonestly”  means  doing  anything  with  the  intention  of  causing  wrongful  gain  to  one 

person or wrongful loss to another person; 

(8) “document” means any matter expressed or described upon any substance by means of letters, 
figures  or  marks,  or  by  more  than  one  of  those  means,  and  includes  electronic  and  digital  record, 
intended to be used, or which may be used, as evidence of that matter. 

Explanation  1.—It  is  immaterial  by  what  means  or  upon  what  substance  the  letters,  figures  or 

marks are formed, or whether the evidence is intended for, or may be used in a Court or not. 

(a) A writing expressing the terms of a contract, which may be used as evidence of the contract, 

is a document. 

(b) A cheque upon a banker is a document. 

(c) A power-of-attorney is a document. 

(d) A map or plan which is intended to be used or which may be used as evidence, is a document. 

(e) A writing containing directions or instructions is a document. 

Explanation  2.—Whatever  is  expressed  by  means  of  letters,  figures  or  marks  as  explained  by 
mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within 
the meaning of this section, although the same may not be actually expressed. 

Illustration. 

A  writes  his  name  on  the back  of  a  bill  of  exchange  payable  to his  order. The meaning  of  the 
endorsement,  as  explained  by  mercantile  usage,  is  that  the  bill  is  to  be  paid  to  the  holder.  The 
endorsement is a document, and shall be construed in the same manner as if the words “pay to the 
holder” or words to that effect had been written over the signature; 

(9) “fraudulently” means doing anything with the intention to defraud but not otherwise; 

(10)  “gender”.—The  pronoun  “he”  and  its  derivatives  are  used  of  any  person,  whether  male, 

female or transgender. 

Explanation.–– “transgender” shall have the meaning assigned to it in clause (k) of section 2 of 

the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019); 

(11)  “good  faith”.—Nothing  is  said  to  be  done  or  believed  in  “good  faith”  which  is  done  or 

believed without due care and attention; 

(12) “Government” means the Central Government or a State Government;  

(13)  “harbour”  includes  supplying  a  person  with  shelter,  food,  drink,  money,  clothes,  arms, 
ammunition or means of conveyance, or the assisting a person by any means, whether of the same 
kind as those enumerated in this clause or not, to evade apprehension; 

(14) “injury” means any harm whatever illegally caused to any person, in body, mind, reputation 

or property; 

15 

 
(15) “illegal” and “legally bound to do”.—The word “illegal” is applicable to everything which is 
an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is 
said to be “legally bound to do” whatever it is illegal in him to omit; 

(16) “Judge” means a person who is officially designated as a Judge and includes a person,–– 

(i)  who  is  empowered  by  law  to  give,  in  any  legal  proceeding,  civil  or  criminal,  a 
definitive judgment, or a judgment which, if not appealed against, would be definitive, or a 
judgment which, if confirmed by some other authority, would be definitive; or  

(ii) who is one of a body or persons, which body of persons is empowered by law to give 

such a judgment. 

Illustration. 

A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to 

fine or imprisonment, with or without appeal, is a Judge;  

(17) “life” means the life of a human being, unless the contrary appears from the context; 

(18) “local law” means a law applicable only to a particular part of India; 

(19) “man” means male human being of any age; 

(20)  “month”  and  “year”.––Wherever the  word  “month”  or  the  word  “year”  is used,  it is  to  be 

understood that the month or the year is to be reckoned according to the Gregorian calendar; 

(21) “movable property” includes property of every description, except land and things attached 

to the earth or permanently fastened to anything which is attached to the earth; 

(22)  “number”.—Unless  the  contrary  appears  from  the  context,  words  importing  the  singular 
number  include  the  plural  number,  and  words  importing  the  plural  number  include  the  singular 
number; 

(23)  “oath”  includes  a  solemn  affirmation  substituted  by  law  for  an  oath,  and  any  declaration 
required  or  authorised  by  law  to  be  made  before  a  public  servant  or  to  be  used  for  the  purpose  of 
proof, whether in a Court or not;  

(24) “offence”.—Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the 

word “offence” means a thing made punishable by this Sanhita, but–– 

(a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of 
section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123, sub-sections (7) and 
(8) of section 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263, sub-sections (6) 
and  (7)  of  section  308  and  sub-section  (2)  of  section  330,  the  word  “offence”  means  a  thing 
punishable under this Sanhita, or under any special law or local law; and 

(b)  in  sub-section  (1)  of  section  189,  sections  211,  212,  238,  239,  249,  253  and                   

sub-section  (1)  of  section  329,  the  word  “offence”  shall  have  the  same  meaning  when  the  act 
punishable under the special law or local law is punishable under such law with imprisonment for 
a term of six months or more, whether with or without fine; 

(25) “omission” denotes as well as a series of omissions as a single omission; 

(26) “person” includes any company or association or body of persons, whether incorporated or 

not; 

(27) “public” includes any class of the public or any community; 

(28) “public servant” means a person falling under any of the descriptions, namely:— 

(a) every commissioned officer in the Army, Navy or Air Force; 

(b)  every  Judge  including  any  person  empowered  by  law  to  discharge,  whether  by 

himself or as a member of any body of persons, any adjudicatory functions; 

16 

 
(c) every officer of a Court including a liquidator, receiver or commissioner whose duty 
it  is,  as  such  officer,  to  investigate  or  report  on  any  matter  of  law  or  fact,  or  to  make, 
authenticate,  or  keep  any  document,  or  to  take  charge  or  dispose  of  any  property,  or  to 
execute any judicial process, or to administer any oath, or to interpret, or to preserve order in 
the Court, and every person specially authorised by a Court to perform any of such duties; 

(d) every assessor or member of a panchayat assisting a Court or public servant; 

(e) every  arbitrator  or other  person to  whom  any  cause  or  matter  has  been referred  for 

decision or report by any Court, or by any other competent public authority; 

(f) every  person  who  holds  any  office  by  virtue  of  which  he  is empowered  to  place or 

keep any person in confinement;  

(g) every officer of the Government whose duty it is, as such officer, to prevent offences, 
to give information of offences, to bring offenders to justice, or to protect the public health, 
safety or convenience; 

(h) every officer whose duty it is, as such officer, to take, receive, keep or expend any 
property  on  behalf  of  the  Government,  or  to  make  any  survey,  assessment  or  contract  on 
behalf of the Government, or to execute any revenue-process, or to investigate, or to report, 
on any matter affecting the pecuniary interests of the Government, or to make, authenticate 
or keep any document relating to the pecuniary interests of the Government, or to prevent the 
infraction of any law for the protection of the pecuniary interests of the Government; 

(i) every  officer  whose  duty  it  is,  as such  officer,  to  take,  receive,  keep  or  expend  any 
property, to make any survey or assessment or to levy any rate or tax for any secular common 
purpose of any village, town or district, or to make, authenticate or keep any document for 
the ascertaining of the rights of the people of any village, town or district; 

(j)  every  person  who  holds  any  office  by  virtue  of  which  he  is  empowered  to  prepare, 

publish, maintain or revise an electoral roll or to conduct an election or part of an election; 

(k) every person— 

(i) in the service or pay of the Government or remunerated by fees or commission for 

the performance of any public duty by the Government;  

(ii) in the service or pay of a local authority as defined in clause (31) of section 3 of 
the  General  Clauses  Act,  1897  (10  of  1897),  a  corporation  established  by  or  under  a 
Central or State Act or a Government company as defined in clause (45) of section 2 of 
the Companies Act, 2013 (18 of 2013). 

Explanation.— 

(a) persons falling under any of the descriptions made in this clause are public servants, 

whether appointed by the Government or not;  

(b) every person who is in actual possession of the situation of a public servant, whatever 

legal defect there may be in his right to hold that situation is a public servant; 

(c) “election” means an election for the purpose of selecting members of any legislative, 
municipal or other public authority, of whatever character, the method of selection to which 
is by, or under any law for the time being in force. 

 A Municipal Commissioner is a public servant; 

Illustration. 

(29)  “reason  to  believe”.—A  person  is  said  to  have  “reason  to  believe”  a  thing,  if  he  has 

sufficient cause to believe that thing but not otherwise;  

(30) “special law” means a law applicable to a particular subject;  

17 

 
(31) “valuable security” means a document which is, or purports to be, a document whereby any 
legal  right  is  created,  extended,  transferred,  restricted,  extinguished  or  released,  or  whereby  any 
person acknowledges that he lies under legal liability, or has not a certain legal right. 

Illustration. 

A  writes  his  name  on  the  back  of  a  bill  of  exchange.  As  the  effect  of  this  endorsement  is  to 
transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is 
a “valuable security”;  

(32) “vessel” means anything made for the conveyance by water of human beings or of property; 

(33) “voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means 
whereby he intended to cause it, or by means which, at the time of employing those means, he knew 
or had reason to believe to be likely to cause it.  

Illustration. 

A  sets  fire,  by  night,  to  an  inhabited  house  in  a  large  town,  for  the  purpose  of  facilitating  a 
robbery and thus causes the death of a person. Here, A may not have intended to cause death; and 
may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause 
death, he has caused death voluntarily; 

(34) “will” means any testamentary document; 

(35) “woman” means a female human being of any age; 

(36) “wrongful gain” means gain by unlawful means of property to which the person gaining is 

not legally entitled; 

(37) “wrongful loss” means the loss by unlawful means of property to which the person losing it 

is legally entitled; 

(38) “gaining wrongfully” and “losing wrongfully”.—A person is said to gain wrongfully when 
such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to 
lose  wrongfully  when  such  person  is  wrongfully  kept  out  of  any  property,  as  well  as  when  such 
person is wrongfully deprived of property; and 

(39) words and expressions used but not defined in this Sanhita but defined in the Information 
Technology Act, 2000 (21 of 2000) and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the 
meanings respectively assigned to them in that Act and Sanhita. 

3. General explanations.—(1) Throughout this Sanhita every definition of an offence, every penal 
provision, and every Illustration of every such definition or penal provision, shall be understood subject 
to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not 
repeated in such definition, penal provision, or Illustration. 

Illustrations. 

(a)  The  sections  in  this  Sanhita,  which  contain  definitions  of  offences,  do  not  express  that  a  child 
under seven years of age cannot commit such offences; but the definitions are to be understood subject to 
the  general  exception  which  provides  that  nothing  shall  be  an  offence  which  is  done  by  a  child  under 
seven years of age. 

(b)  A,  a  police  officer,  without  warrant,  apprehends  Z,  who  has  committed  murder.  Here  A  is  not 
guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the 
case  falls  within  the  general  exception  which  provides  that  “nothing  is  an  offence  which  is  done  by  a 
person who is bound by law to do it”. 

(2)  Every  expression  which  is  explained  in  any  Part  of  this  Sanhita,  is  used  in  every  Part  of  this 

Sanhita in conformity with the explanation. 

(3)  When  property  is  in  the  possession  of  a  person’s  spouse,  clerk  or  servant,  on  account  of  that 

person, it is in that person’s possession within the meaning of this Sanhita.  

18 

 
Explanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk 

or servant, is a clerk or servant within the meaning of this sub-section. 

(4) In every Part of this Sanhita, except where a contrary intention appears from the context, words 

which refer to acts done extend also to illegal omissions. 

(5)  When  a  criminal  act  is  done  by  several  persons  in  furtherance  of  the  common  intention  of  all, 

each of such persons is liable for that act in the same manner as if it were done by him alone. 

(6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or 
intention, is done by several persons, each of such persons who joins in the act with such knowledge or 
intention is liable for the act in the same manner as if the act were done by him alone with that knowledge 
or intention. 

(7) Wherever  the  causing  of  a  certain  effect,  or  an attempt  to cause  that effect,  by  an  act  or  by  an 
omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by 
an omission is the same offence. 

Illustration. 

A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. 

A has committed murder. 

(8) When an offence is committed by means of several acts, whoever intentionally cooperates in the 
commission of that offence by doing any one of those acts, either singly or jointly with any other person, 
commits that offence.  

Illustrations. 

(a) A and B agree to murder Z by severally and at different times giving him small doses of poison. 
A  and  B  administer  the  poison  according  to  the  agreement  with  intent  to  murder  Z.  Z  dies  from  the 
effects the several doses of poison so administered to him. Here A and B intentionally cooperate in the 
commission of murder and as each of them does an act by which the death is caused, they are both guilty 
of the offence though their acts are separate. 

(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours 
at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing that effect by illegally 
omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. 
Z dies of hunger. Both A and B are guilty of the murder of Z. 

(c)  A,  a  jailor,  has  the  charge  of  Z,  a  prisoner.  A,  intending  to  cause  Z’s  death,  illegally  omits  to 
supply  Z  with  food;  in  consequence  of  which  Z  is  much  reduced  in  strength,  but  the  starvation  is  not 
sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or 
cooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s 
death. Z dies of hunger. B is guilty of murder, but, as A did not cooperate with B. A is guilty only of an 
attempt to commit murder. 

(9) Where several persons are engaged or concerned in the commission of a criminal act, they may be 

guilty of different offences by means of that act. 

Illustration. 

A  attacks  Z  under  such  circumstances  of  grave  provocation  that  his  killing  of  Z  would  be  only 
culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and 
not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged 
in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide. 

CHAPTER II 

OF PUNISHMENTS 

4.  Punishments.  —The  punishments  to  which  offenders  are  liable  under  the  provisions  of  this 

Sanhita are— 

19 

 
(a) Death; 

(b) Imprisonment for life; 

(c) Imprisonment, which is of two descriptions, namely:— 

(1) Rigorous, that is, with hard labour; 

(2) Simple; 

(d) Forfeiture of property; 

(e) Fine; 

(f) Community Service. 

5.  Commutation  of  sentence.—The  appropriate  Government  may,  without  the  consent  of  the 
offender,  commute  any  punishment  under  this  Sanhita  to  any  other  punishment  in  accordance 
with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 

Explanation.—For the purposes of this section the expression “appropriate Government” means, — 

(a) in cases where the sentence is a sentence of death or is for an offence against any law relating 

to a matter to which the executive power of the Union extends, the Central Government; and 

(b)  in  cases  where  the  sentence  (whether  of  death  or  not)  is  for  an  offence  against  any  law 
relating to a matter to which the executive power of the State extends, the Government of the  State 
within which the offender is sentenced. 

6.  Fractions  of  terms  of  punishment.—In  calculating  fractions  of  terms  of  punishment, 
imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise 
provided. 

7.  Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.—In 
every case in which an offender is punishable with imprisonment which may be of either description, it 
shall  be  competent  to  the  Court  which  sentences  such  offender  to  direct  in  the  sentence  that  such 
imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part 
of such imprisonment shall be rigorous and the rest simple. 

8. Amount of fine, liability in default of payment of fine, etc.—(1) Where no sum is expressed to 
which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be 
excessive. 

(2) In every case of an offence— 

(a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, 

whether with or without imprisonment; 

(b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to 

a fine, 

it shall be competent to the Court which sentences such offender to direct by the sentence that, in default 
of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment 
shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be 
liable under a commutation of a sentence. 

(3) The term for which the Court directs the offender to be imprisoned in default of payment of a fine 
shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if 
the offence be punishable with imprisonment as well as fine. 

(4)  The  imprisonment  which  the  Court  imposes  in  default  of  payment  of  a  fine  or  in  default  of 
community service may be of any description to which the offender might have been sentenced for the 
offence. 

(5) If the offence is punishable with fine or community service, the imprisonment which the Court 
imposes in default of payment of the fine or in default of community service shall be simple, and the term 
for which the Court directs the offender to be imprisoned, in default of payment of fine or in default of 
community service, shall not exceed,— 

20 

 
 
(a) two months when the amount of the fine does not exceed five thousand rupees; 

(b) four months when the amount of the fine does not exceed ten thousand rupees; and 

(c) one year in any other case. 

(6) (a) The imprisonment which is imposed in default of payment of a fine shall terminate whenever 

that fine is either paid or levied by process of law; 

(b)  If,  before  the  expiration  of  the  term  of  imprisonment  fixed  in  default  of  payment,  such  a 
proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is 
not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate. 

Illustration. 

A  is  sentenced  to  a  fine  of  one  thousand  rupees  and  to  four  months’  imprisonment  in  default  of 
payment. Here, if seven hundred and fifty rupees of the fine be paid or levied before the expiration of one 
month of the imprisonment, A will be discharged as soon as the first month has expired. If seven hundred 
and fifty rupees be paid or levied at the time of the expiration of the first month, or at any later time while 
A  continues  in imprisonment,  A  will  be  immediately  discharged.  If  five  hundred  rupees  of  the fine  be 
paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as 
the two months are completed. If five hundred rupees be paid or levied at the time of the expiration of 
those  two  months,  or  at  any  later  time  while  A  continues  in  imprisonment,  A  will  be  immediately 
discharged. 

(7) The fine, or any part thereof which remains unpaid, may be levied at any time within six years 
after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a 
longer period than six years, then at any time previous to the expiration of that period; and the death of 
the offender does not discharge from the liability any property which would, after his death, be legally 
liable for his debts. 

9. Limit of punishment of offence made up of several offences.—(1) Where anything which is an 
offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished 
with the punishment of more than one of such his offences, unless it be so expressly provided. 

(2) Where— 

(a) anything is an offence falling within two or more separate definitions of any law in force for 

the time being by which offences are defined or punished; or 

(b)  several  acts,  of  which  one  or  more  than  one  would  by  itself  or  themselves  constitute  an 

offence, constitute, when combined, a different offence, 

the offender shall not be punished with a more severe punishment than the Court which tries him could 
award for any one of such offences. 

Illustrations. 

(a)  A  gives  Z  fifty  strokes  with  a  stick.  Here  A  may  have  committed  the  offence  of  voluntarily 
causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. 
If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. 
But he is liable only to one punishment for the whole beating. 

(b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to 
Y  is  no  part  of  the  act  whereby  A  voluntarily  causes  hurt  to  Z,  A  is  liable  to  one  punishment  for 
voluntarily causing hurt to Z, and to another for the blow given to Y. 

10. Punishment of person guilty of one of several offences, judgment stating that it is doubtful 
of  which.—In  all  cases  in  which  judgment  is  given  that  a  person  is  guilty  of  one  of  several  offences 
specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall 
be punished for the offence for which the lowest punishment is provided if the same punishment is not 
provided for all. 

21 

 
11.  Solitary  confinement.—Whenever  any  person  is  convicted  of  an  offence  for  which  under  this 
Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, 
order  that  the  offender  shall  be  kept  in  solitary  confinement  for  any  portion  or  portions  of  the 
imprisonment  to  which  he  is  sentenced,  not  exceeding  three  months  in  the  whole,  according  to  the 
following scale, namely: — 

(a) a time not exceeding one month if the term of imprisonment shall not exceed six months; 

(b) a  time  not exceeding  two  months  if  the term  of imprisonment  shall  exceed six  months  and 

shall not exceed one year; 

(c) a time not exceeding three months if the term of imprisonment shall exceed one year. 

12.  Limit  of  solitary  confinement.—In  executing  a  sentence  of  solitary  confinement,  such 
confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary 
confinement  of  not  less  duration  than  such  periods;  and  when  the  imprisonment  awarded  shall  exceed 
three  months,  the  solitary  confinement  shall  not  exceed  seven  days  in  any  one  month  of  the  whole 
imprisonment  awarded,  with  intervals  between  the  periods  of  solitary  confinement  of  not  less  duration 
than such periods. 

13. Enhanced punishment for certain offences after previous conviction.—Whoever, having been 
convicted by a Court in India, of an offence punishable under Chapter X or Chapter XVII of this Sanhita 
with  imprisonment  of  either  description  for  a  term  of  three  years  or  upwards,  shall  be  guilty  of  any 
offence  punishable  under  either  of  those  Chapters  with  like  imprisonment  for  the  like  term,  shall  be 
subject  for  every  such  subsequent  offence  to  imprisonment  for  life,  or  to  imprisonment  of  either 
description for a term which may extend to ten years. 

CHAPTER III 

GENERAL EXCEPTIONS 

14.  Act  done  by  a  person  bound,  or  by  mistake  of  fact  believing  himself  bound,  by  law.—
Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by 
reason of a mistake of law in good faith believes himself to be, bound by law to do it. 

Illustrations. 

(a)  A,  a  soldier,  fires  on  a  mob  by  the  order  of  his  superior  officer,  in  conformity  with  the 

commands of the law. A has committed no offence. 

(b)  A,  an  officer  of  a  Court,  being  ordered  by  that  Court  to  arrest  Y,  and,  after  due  enquiry, 

believing Z to be Y, arrests Z. A has committed no offence. 

15. Act of Judge when acting judicially.—Nothing is an offence which is done by a Judge when 
acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to 
him by law. 

16. Act done pursuant to judgment or order of Court.—Nothing which is done in pursuance of, or 
which is warranted by the judgment or order of, a Court; if done whilst such judgment or order remains in 
force,  is  an  offence,  notwithstanding  the  Court  may  have  had  no jurisdiction to pass  such judgment  or 
order, provided the person doing the act in good faith believes that the Court had such jurisdiction. 

17. Act done by a person justified, or by mistake of fact believing himself justified, by law.—
Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake 
of  fact  and  not  by  reason of  a  mistake  of  law  in  good  faith,  believes  himself to  be justified  by  law,  in 
doing it. 

22 

 
 
 
 
 
Illustration. 

A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment 
exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the 
fact, seizes Z, in order to bring Z before the proper  authorities. A has committed no offence, though it 
may turn out that Z was acting in self-defence. 

18. Accident in doing a lawful act.—Nothing is an offence which is done by accident or misfortune, 
and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful 
means and with proper care and caution. 

Illustration. 

A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was 

no want of proper caution on the part of A, his act is excusable and not an offence. 

19. Act likely to cause harm, but done without criminal intent, and to prevent other harm.—
Nothing  is  an  offence  merely  by  reason  of its  being  done  with the  knowledge  that it is likely  to cause 
harm,  if  it  be  done  without  any  criminal  intention  to  cause  harm,  and  in  good  faith  for  the  purpose  of 
preventing or avoiding other harm to person or property. 

Explanation.—It is a question of fact in such a case whether the harm to be prevented or avoided was 
of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that 
it was likely to cause harm. 

Illustrations. 

(a) A, the captain of a vessel, suddenly and without any fault or negligence on his part, finds himself 
in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty 
or  thirty  passengers  on  board,  unless  he  changes  the  course  of  his  vessel,  and  that,  by  changing  his 
course, he must incur risk of running down a boat C with only two passengers on board, which he may 
possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith 
for  the  purpose  of  avoiding  the  danger  to  the  passengers  in  the  boat  B,  he  is  not  guilty  of  an  offence, 
though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be 
found  as  a  matter  of  fact  that  the  danger  which  he  intended  to  avoid  was  such  as  to  excuse  him  in 
incurring the risk of running down the boat C. 

(b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does 
this with the intention in good faith of saving human life or property. Here, if it be found that the harm to 
be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence. 

20. Act of a child under seven years of age.—Nothing is an offence which is done by a child under 

seven years of age. 

21.  Act  of  a  child  above  seven  and  under  twelve  years  of  age  of  immature  understanding.—
Nothing is an offence which is done by a child above seven years of age and under twelve years of age, 
who has not attained sufficient maturity of understanding to judge of the nature and consequences of his 
conduct on that occasion. 

22. Act of a person of unsound mind.—Nothing is an offence which is done by a person who, at the 
time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that 
he is doing what is either wrong or contrary to law. 

23. Act of a person incapable of judgment by reason of intoxication caused against his will.—
Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, 
incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; 
provided that the thing which intoxicated him was administered to him without his knowledge or against 
his will. 

24. Offence requiring a particular intent or knowledge committed by one who is intoxicated.—
In cases where an act done is not an offence unless done with a particular knowledge or intent, a person 
who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge 

23 

 
as  he  would  have  had  if  he  had  not  been  intoxicated,  unless  the  thing  which  intoxicated  him  was 
administered to him without his knowledge or against his will. 

25.  Act  not  intended  and  not  known  to  be  likely  to  cause  death  or  grievous  hurt,  done  by 
consent.—Nothing which is not intended to cause death, or grievous hurt, and which is not known by the 
doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, 
or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, 
whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the 
doer to be likely to cause to any such person who has consented to take the risk of that harm. 

Illustration. 

A and Z agree to fence with each other for amusement. This agreement implies the consent of each to 
suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while 
playing fairly, hurts Z, A commits no offence. 

26.  Act  not  intended  to  cause  death,  done  by  consent  in  good  faith  for  person’s  benefit.—
Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or 
be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose 
benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that 
harm, or to take the risk of that harm. 

Illustration. 

A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under 
the  painful  complaint,  but  not  intending  to  cause  Z’s  death,  and  intending,  in  good  faith,  Z’s  benefit, 
performs that operation on Z, with Z’s consent. A has committed no offence. 

27. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of 
guardian.—Nothing which is done in good faith for the benefit of a person under twelve years of age, or 
person  of  unsound  mind,  by,  or  by  consent,  either  express  or  implied,  of  the  guardian  or  other  person 
having  lawful  charge  of  that  person,  is  an  offence  by  reason  of  any  harm  which  it  may  cause,  or  be 
intended by the doer to cause or be known by the doer to be likely to cause to that person: 

Provided that this exception shall not extend to— 

(a) the intentional causing of death, or to the attempting to cause death; 

(b) the doing of anything  which the person doing it knows to be likely to cause death, for any 
purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or 
infirmity; 

(c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be 
for  the  purpose  of  preventing  death  or  grievous  hurt,  or  the  curing  of  any  grievous  disease  or 
infirmity; 

(d) the abetment of any offence, to the committing of which offence it would not extend. 

Illustration. 

A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a 
surgeon knowing it to be likely that the operation will cause the child’s death, but not intending to cause 
the child’s death. A is within the exception, in as much as his object was the cure of the child. 

28. Consent known to be given under fear or misconception.—A consent is not such a consent as 

is intended by any section of this Sanhita,— 

(a) if the consent is given by a person under fear of injury, or under a misconception of fact, and 
if the person doing the act knows, or has reason to believe, that the consent was given in consequence 
of such fear or misconception; or 

(b) if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable 

to understand the nature and consequence of that to which he gives his consent; or 

24 

 
(c) unless the contrary appears from the context, if the consent is given by a person who is under 

twelve years of age. 

29.  Exclusion  of  acts  which  are  offences  independently  of  harm  caused.—The  exceptions  in 
sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they 
may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or 
on whose behalf the consent is given. 

Illustration. 

Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is 
an  offence  independently  of  any  harm  which  it  may  cause  or  be  intended  to  cause  to  the  woman. 
Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian 
to the causing of such miscarriage does not justify the act. 

30.  Act  done  in  good  faith  for  benefit  of  a  person  without  consent.—Nothing  is  an  offence  by 
reason  of  any  harm  which  it  may  cause  to  a  person  for  whose  benefit  it  is  done  in  good  faith,  even 
without that person’s consent, if the circumstances are such that it is impossible for that person to signify 
consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful 
charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: 

Provided that this exception shall not extend to— 

(a) the intentional causing of death, or the attempting to cause death; 

(b) the doing of anything  which the person doing it knows to be likely to cause death, for any 
purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or 
infirmity; 

(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than 

the preventing of death or hurt; 

(d) the abetment of any offence, to the committing of which offence it would not extend. 

Illustrations. 

(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. 
A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his 
power of judging for himself. A has committed no offence. 

(2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but 
not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a mortal wound. A has 
committed no offence. 

(3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be 
immediately performed. There is no time to apply to the child’s guardian. A performs the operation in 
spite  of  the  entreaties  of  the  child,  intending,  in  good  faith,  the  child’s  benefit.  A  has  committed  no 
offence. 

(4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the 
child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill 
the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A 
has committed no offence. 

Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this 

section. 

31. Communication made in good faith.—No communication made in good faith is an offence by 

reason of any harm to the person to whom it is made, if it is made for the benefit of that person. 

25 

 
 
 
 
Illustration. 

A,  a surgeon,  in  good faith,  communicates  to  a  patient  his  opinion that  he cannot live. The patient 
dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the 
communication might cause the patient’s death. 

32. Act to which a person is compelled by threats.—Except murder, and offences against the State 
punishable  with  death,  nothing  is  an  offence  which  is  done  by  a  person  who  is  compelled  to  do  it  by 
threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person 
will otherwise be the consequence: 

Provided that the person doing the act did not of his own accord, or from a reasonable apprehension 
of harm to himself short of instant death, place himself in the situation by which he became subject to 
such constraint. 

Explanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins a 
gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of 
his having been compelled by his associates to do anything that is an offence by law. 

Explanation 2.—A person seized by a gang of dacoits, and forced, by threat of instant death, to do a 
thing which is an offence by law; for example, a smith compelled to take his tools and to force the door 
of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception. 

33. Act causing slight harm.—Nothing is an offence by reason that it causes, or that it is intended to 
cause,  or  that  it  is  known  to  be  likely  to  cause,  any  harm,  if  that  harm  is  so  slight  that  no  person  of 
ordinary sense and temper would complain of such harm. 

Of right of private defence 

34.  Things  done  in  private  defence.—Nothing  is  an  offence  which  is  done  in  the  exercise  of  the 

right of private defence. 

35.  Right  of  private  defence  of  body  and  of  property.—Every  person  has  a  right,  subject to  the 

restrictions contained in section 37, to defend— 

(a)  his  own  body,  and  the  body  of  any  other  person,  against  any  offence  affecting  the  human 

body; 

(b) the property, whether movable or immovable, of himself or of any other person, against any 
act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or 
which is an attempt to commit theft, robbery, mischief or criminal trespass. 

36. Right of private defence against act of a person of unsound mind, etc.—When an act, which 
would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of 
understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of 
any misconception on the part of that person, every person has the same right of private defence against 
that act which he would have if the act were that offence. 

Illustrations. 

(a) Z, a person of unsound mind, attempts to kill A; Z is guilty of no offence. But A has the same 

right of private defence which he would have if Z were sane. 

(b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a 
house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A 
has  the  same  right  of  private  defence  against  Z,  which  he  would  have  if  Z  were  not  acting  under  that 
misconception. 

37.  Acts  against  which  there  is  no  right  of  private  defence.—(1)  There  is  no  right  of  private 

defence, — 

(a) against an act which does not reasonably cause the apprehension of death or of grievous hurt, 
if done, or attempted to be done, by a public servant acting in good faith under colour of his office, 
though that act, may not be strictly justifiable by law; 

26 

 
(b) against an act which does not reasonably cause the apprehension of death or of grievous hurt, 
if done, or attempted to be done, by the direction of a public servant acting in good faith under colour 
of his office, though that direction may not be strictly justifiable by law; 

(c) in cases in which there is time to have recourse to the protection of the public authorities. 

(2) The right of private defence in no case extends to the inflicting of more harm than it is necessary 

to inflict for the purpose of defence. 

Explanation  1.—A  person  is  not  deprived  of  the  right  of  private  defence  against  an  act  done,  or 
attempted  to  be  done,  by  a  public  servant,  as  such,  unless  he  knows  or  has  reason  to  believe,  that  the 
person doing the act is such public servant. 

Explanation  2.—A  person  is  not  deprived  of  the  right  of  private  defence  against  an  act  done,  or 
attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that 
the person doing the act is acting by such direction, or unless such person states the authority under which 
he acts, or if he has authority in writing, unless he produces such authority, if demanded. 

38.  When  right  of  private  defence  of  body  extends  to  causing  death.—The  right  of  private 
defence  of  the  body  extends,  under the  restrictions  specified  in  section  37,  to the  voluntary  causing  of 
death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of 
any of the descriptions hereinafter enumerated, namely:— 

(a)  such  an  assault  as  may  reasonably  cause  the  apprehension  that  death  will  otherwise  be  the 

consequence of such assault; 

(b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be 

the consequence of such assault; 

(c) an assault with the intention of committing rape; 

(d) an assault with the intention of gratifying unnatural lust; 

(e) an assault with the intention of kidnapping or abducting; 

(f)  an  assault  with  the  intention  of  wrongfully  confining  a  person,  under  circumstances  which 
may  reasonably  cause  him  to  apprehend  that  he  will  be  unable  to  have  recourse  to  the  public 
authorities for his release; 

(g) an act of throwing or administering acid or an attempt to throw or administer acid which may 

reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act. 

39. When such right extends to causing any harm other than death.—If the offence be not of any 
of the descriptions specified in section 38, the right of private defence of the body does not extend to the 
voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37, 
to the voluntary causing to the assailant of any harm other than death. 

40. Commencement and continuance of right of private defence of body.—The right of private 
defence of the body commences as soon as a reasonable apprehension of danger to the body arises from 
an  attempt  or  threat  to  commit  the  offence  though  the  offence  may  not  have  been  committed;  and  it 
continues as long as such apprehension of danger to the body continues. 

41.  When  right  of  private  defence  of  property  extends  to  causing  death.—The  right  of  private 
defence  of  property  extends,  under  the  restrictions  specified  in  section  37,  to  the  voluntary  causing  of 
death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting 
to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter 
enumerated, namely: — 

(a) robbery; 

(b) house-breaking after sunset and before sunrise; 

(c) mischief by fire or any explosive substance committed on any building, tent or vessel, which 

building, tent or vessel is used as a human dwelling, or as a place for the custody of property; 

27 

 
(d)  theft,  mischief,  or  house-trespass,  under  such  circumstances  as  may  reasonably  cause 
apprehension that death or grievous hurt will be the consequence, if such right of private defence is 
not exercised. 

42.  When  such  right  extends  to  causing  any  harm  other  than  death.—If  the  offence,  the 
committing  of  which,  or the  attempting  to commit  which  occasions  the  exercise  of  the  right  of private 
defence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that 
right  does  not  extend  to  the  voluntary  causing  of  death,  but  does  extend,  subject  to  the  restrictions 
specified in section 37, to the voluntary causing to the wrong-doer of any harm other than death. 

43.  Commencement  and  continuance  of  right  of  private  defence  of  property.—The  right  of 

private defence of property,— 

(a) commences when a reasonable apprehension of danger to the property commences; 

(b) against theft continues till the offender has effected his retreat with the property or either the 

assistance of the public authorities is obtained, or the property has been recovered; 

(c) against robbery continues as long as the offender causes or attempts to cause to any person 
death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant 
personal restraint continues; 

(d)  against  criminal  trespass  or  mischief  continues  as  long  as  the  offender  continues  in  the 

commission of criminal trespass or mischief; 

(e) against house-breaking after sunset and before sunrise continues as long as the house-trespass 

which has been begun by such house-breaking continues. 

44.  Right  of  private  defence  against  deadly  assault  when  there  is  risk  of  harm  to  innocent 
person.—If in the exercise of the right of private defence against an assault which reasonably causes the 
apprehension of death, the defender be so situated that he cannot effectually exercise that right without 
risk of harm to an innocent person, his right of private defence extends to the running of that risk. 

A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private 
defence without firing on the mob, and he cannot fire without risk of harming  young children who are 
mingled with the mob. A commits no offence if by so firing he harms any of the children. 

Illustration. 

CHAPTER IV 

OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT 

of abetment 

45. Abetment of a thing.—A person abets the doing of a thing, who— 

(a) instigates any person to do that thing; or 

(b)  engages  with  one  or  more  other  person  or  persons  in  any  conspiracy  for  the  doing  of  that 
thing,  if  an  act  or  illegal  omission  takes  place  in  pursuance  of  that  conspiracy,  and  in  order  to  the 
doing of that thing; or 

(c) intentionally aids, by any act or illegal omission, the doing of that thing. 

Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material 
fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing 
to be done, is said to instigate the doing of that thing. 

Illustration. 

A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and 
also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend 
C. Here B abets by instigation the apprehension of C. 

28 

 
Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in 
order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid 
the doing of that act. 

46.  Abettor.—A  person  abets  an  offence,  who  abets  either  the  commission  of  an  offence,  or  the 
commission of an act which would be an offence, if committed by a person capable by law of committing 
an offence with the same intention or knowledge as that of the abettor. 

Explanation 1.—The abetment of the illegal omission of an act may amount to an offence although 

the abettor may not himself be bound to do that act. 

Explanation 2.—To constitute the offence of abetment it is not necessary that the act abetted should 

be committed, or that the effect requisite to constitute the offence should be caused. 

Illustrations. 

(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder. 

(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. 

A is guilty of instigating B to commit murder. 

Explanation 3.—It is not necessary that the person abetted should be capable by law of committing 
an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any 
guilty intention or knowledge. 

Illustrations. 

(a)  A,  with  a  guilty  intention,  abets  a  child  or  a  person  of  unsound  mind  to  commit  an  act  which 
would be an offence, if committed by a person capable by law of committing an offence, and having the 
same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence. 

(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act 
which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby 
causes  Z’s  death.  Here,  though  B  was  not  capable  by  law  of  committing  an  offence,  A  is  liable  to  be 
punished  in  the  same  manner  as  if  B  had  been  capable  by  law  of  committing  an  offence,  and  had 
committed murder, and he is therefore subject to the punishment of death. 

(c)  A  instigates  B  to  set  fire  to  a  dwelling-house.  B,  in  consequence  of  his  unsoundness  of  mind, 
being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets 
fire  to  the  house  in  consequence  of  A’s  instigation.  B  has  committed  no  offence,  but  A  is  guilty  of 
abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that 
offence. 

(d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of 
Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s 
possession, in  good  faith, believing  it  to  be  A’s  property.  B, acting  under  this misconception,  does  not 
take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the 
same punishment as if B had committed theft. 

Explanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is 

also an offence. 

Illustration. 

A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that 
offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment 
for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment. 

Explanation 5.—It is not necessary to the commission of the offence of abetment by conspiracy that 
the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the 
conspiracy in pursuance of which the offence is committed. 

29 

 
 
Illustration. 

A  concerts  with  B  a  plan  for  poisoning  Z.  It  is  agreed  that  A  shall  administer  the  poison.  B  then 
explains the plan to C mentioning that a third person is to administer the poison, but without mentioning 
A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being 
used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C 
have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been 
murdered. C has therefore committed the offence defined in this section and is liable to the punishment 
for murder. 

47. Abetment in India of offences outside India.—A person abets an offence within the meaning of 
this  Sanhita  who,  in  India,  abets  the  commission  of  any  act  without  and  beyond  India  which  would 
constitute an offence if committed in India. 

Illustration. 

A, in India, instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of 

abetting murder. 

48. Abetment outside India for offence in India.—A person abets an offence within the meaning of 
this  Sanhita  who,  without  and  beyond  India,  abets  the  commission  of  any  act  in  India  which  would 
constitute an offence if committed in India. 

A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder. 

Illustration. 

49. Punishment of abetment if act abetted is committed in consequence and where no express 
provision  is  made  for  its  punishment.—Whoever  abets  any  offence  shall,  if  the  act  abetted  is 
committed  in  consequence  of  the  abetment,  and  no  express  provision  is  made  by  this  Sanhita  for  the 
punishment of such abetment, be punished with the punishment provided for the offence. 

Explanation.—An  act  or  offence  is  said  to  be  committed  in  consequence  of  abetment,  when  it  is 
committed  in  consequence  of  the  instigation,  or  in  pursuance  of  the  conspiracy,  or  with  the  aid  which 
constitutes the abetment. 

Illustrations. 

(a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. 

A is guilty of abetting that offence, and is liable to the same punishment as B. 

(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers 
it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to 
Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that 
offence by conspiracy, and is liable to the punishment for murder. 

50.  Punishment  of  abetment  if  person  abetted  does  act  with  different  intention  from  that  of 
abettor.—Whoever abets the commission of an offence shall, if the person abetted does the act with a 
different intention or knowledge from that of the abettor, be punished with the punishment provided for 
the offence which would have been committed if the act had been done with the intention or knowledge 
of the abettor and with no other. 

51. Liability of abettor when one act abetted and different act done.—When an act is abetted and 
a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as 
if he had directly abetted it: 

Provided that the act done was a probable consequence of the abetment, and was committed under 
the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the 
abetment. 

30 

 
 
 
Illustrations. 

(a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The 
child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the 
side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was 
under the circumstances a probable consequence of the abetment, A is liable in the same manner and to 
the same extent as if he had instigated the child to put the poison into the food of Y. 

(b) A instigates B to burn Z’s house, B sets fire to the house and at the same time commits theft of 
property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for 
the theft was a distinct act, and not a probable consequence of the burning. 

(c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and 
provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of 
the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to 
the punishment provided for murder. 

52. Abettor when liable to cumulative punishment for act abetted and for act done.—If the act 
for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute 
a distinct offence, the abettor is liable to punishment for each of the offences. 

Illustration. 

A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that 
distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. 
As  B  has  committed  both  the  offence  of  resisting  the  distress,  and  the  offence  of  voluntarily  causing 
grievous  hurt,  B  is  liable  to  punishment  for  both  these  offences;  and,  if  A  knew  that  B  was  likely 
voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of 
the offences. 

53.  Liability  of  abettor  for  an  effect  caused  by  act  abetted  different  from  that  intended  by 
abettor.—When  an  act  is  abetted  with  the  intention  on  the  part  of  the  abettor  of  causing  a  particular 
effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect 
from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the 
same extent as if he had abetted the act with the intention of causing that effect, provided he knew that 
the act abetted was likely to cause that effect. 

Illustration. 

A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt 
to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is 
liable to be punished with the punishment provided for murder. 

54. Abettor present when offence is committed.—Whenever any person, who is absent would be 
liable to be punished as an abettor, is present when the act or offence for which he would be punishable in 
consequence of the abetment is committed, he shall be deemed to have committed such act or offence. 

55.  Abetment  of  offence  punishable  with  death  or  imprisonment  for  life.—Whoever  abets  the 
commission  of  an  offence  punishable  with  death  or  imprisonment  for  life,  shall,  if  that  offence  be  not 
committed in consequence of the abetment, and no express provision is made under this Sanhita for the 
punishment of such abetment, be punished with imprisonment of either description for a term which may 
extend  to  seven  years,  and  shall  also  be  liable  to  fine;  and  if  any  act  for  which  the  abettor  is  liable  in 
consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to 
imprisonment of either description for a term which may extend to fourteen years, and shall also be liable 
to fine. 

Illustration. 

A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been 
subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment for a 
term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of 

31 

 
the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to 
fine. 

56.  Abetment  of  offence punishable with  imprisonment.—Whoever  abets  an  offence  punishable 
with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express 
provision  is  made  under  this  Sanhita  for  the  punishment  of  such  abetment,  be  punished  with 
imprisonment of any description provided for that offence for a term which may extend to one-fourth part 
of the longest term provided for that offence; or with such fine as is provided for that offence, or with 
both;  and  if  the  abettor  or  the  person  abetted  is  a  public  servant,  whose  duty  it  is  to  prevent  the 
commission of such offence, the abettor shall be punished with imprisonment of any description provided 
for that offence, for a term which may extend to one-half of the longest term provided for that offence, or 
with such fine as is provided for the offence, or with both. 

Illustrations. 

(a) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless 

committed the offence defined in this section, and is punishable accordingly. 

(b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, 
though  the  robbery  be  not  committed,  A  is  liable  to  one-half  of  the  longest  term  of  imprisonment 
provided for that offence, and also to fine. 

(c)  B  abets  the  commission  of  a  robbery  by  A,  a  police  officer,  whose  duty  it  is  to  prevent  that 
offence.  Here,  though  the  robbery  be  not  committed,  B  is  liable  to  one-half  of  the  longest  term  of 
imprisonment provided for the offence of robbery, and also to fine. 

57. Abetting commission of offence by public or by more than ten persons.—Whoever abets the 
commission of an offence by the public generally or by any number or class of persons exceeding ten, 
shall be punished with imprisonment of either description for a term which may extend to seven years 
and with fine. 

Illustration. 

A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at 
a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a 
procession. A has committed the offence defined in this section. 

58.  Concealing  design  to  commit  offence  punishable  with  death  or  imprisonment  for  life.—
Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of 
an offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or 
by the use of encryption or any other information hiding tool, the existence of a design to commit such 
offence or makes any representation which he knows to be false respecting such design shall,— 

(a) if that offence be committed, be punished with imprisonment of either description for a term 

which may extend to seven years; or 

(b) if the offence  be  not committed,  with  imprisonment  of  either  description, for  a term  which 

may extend to three years,  

and shall also be liable to fine. 

Illustration. 

A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is 
about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with 
intent  to  facilitate  the  commission  of  the  offence.  The  dacoity  is  committed  at  B  in  pursuance  of  the 
design. A is punishable under this section. 

59.  Public  servant  concealing  design  to  commit  offence  which  it  is  his  duty  to  prevent.—
Whoever,  being  a  public  servant,  intending  to  facilitate  or  knowing  it  to  be  likely  that  he  will  thereby 

32 

 
facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily 
conceals,  by  any  act  or  omission  or  by  the  use  of  encryption  or  any  other  information  hiding  tool,  the 
existence of a design to commit such offence, or makes any representation which he knows to be false 
respecting such design shall,— 

(a) if the offence be committed, be punished with imprisonment of any description provided for 
the offence, for a term which may extend to one-half of the longest term of such imprisonment, or 
with such fine as is provided for that offence, or with both; or 

(b) if the offence be punishable with death or imprisonment for life, with imprisonment of either 

description for a term which may extend to ten years; or 

(c)  if  the  offence  be  not  committed,  shall  be  punished  with  imprisonment  of  any  description 
provided for the offence for a term which may extend to one-fourth part of the longest term of such 
imprisonment or with such fine as is provided for the offence, or with both. 

Illustration. 

A,  an  officer  of  police,  being  legally  bound  to  give  information  of  all  designs  to  commit  robbery 
which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such 
information, with intent to so facilitate the commission of that offence. 

Here  A  has  by  an  illegal  omission  concealed  the  existence  of  B’s  design,  and  is  liable  to  punishment 
according to the provision of this section. 

60. Concealing design to commit offence punishable with imprisonment.—Whoever, intending to 
facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable 
with  imprisonment,  voluntarily  conceals,  by  any  act  or  illegal  omission,  the  existence  of  a  design  to 
commit  such  offence,  or  makes  any  representation  which  he  knows  to  be  false  respecting  such  design 
shall,— 

(a) if the offence be committed, be punished with imprisonment of the description provided for 

the offence, for a term which may extend to one-fourth; and 

(b) if the offence be not committed, to one-eighth, 

of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. 

61. Criminal conspiracy.—(1) When two or more persons agree with the common object to do, or 

Of criminal conspiracy 

cause to be done— 

(a) an illegal act; or 

(b)  an  act  which  is  not  illegal  by  illegal  means,  such  an  agreement  is  designated  a  criminal 

conspiracy: 

Provided  that  no  agreement  except  an  agreement  to  commit  an  offence  shall  amount  to  a  criminal 
conspiracy unless some act besides the agreement is  done by one or more parties to such agreement in 
pursuance thereof. 

Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is 

merely incidental to that object. 

(2) Whoever is a party to a criminal conspiracy,— 

(a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment 
for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the 
punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence; 

(b)  other  than  a  criminal  conspiracy  to  commit  an  offence  punishable  as  aforesaid  shall  be 
punished with imprisonment of either description for a term not exceeding six months, or with fine or 
with both.  

33 

 
Of attempt 

62.  Punishment  for  attempting  to  commit  offences  punishable  with  imprisonment  for  life  or 
other  imprisonment.—Whoever  attempts  to  commit  an  offence  punishable  by  this  Sanhita  with 
imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt 
does any act towards the commission of the offence, shall, where no express provision is made by this 
Sanhita for the punishment of such attempt, be punished with imprisonment of any description provided 
for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may 
be,  one-half  of  the  longest  term  of  imprisonment  provided  for  that  offence,  or  with  such  fine  as  is 
provided for the offence, or with both. 

Illustrations. 

(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the 
box,  that  there  is  no  jewel  in  it.  He  has  done  an  act  towards  the  commission  of  theft,  and  therefore  is 
guilty under this section. 

(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the 

attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section. 

CHAPTER V 

OF OFFENCES AGAINST WOMAN AND CHILD 

Of sexual offences 

63. Rape.—A man is said to commit “rape” if he— 

(a)  penetrates  his  penis,  to  any  extent,  into  the  vagina,  mouth,  urethra  or  anus  of  a  woman  or 

makes her to do so with him or any other person; or 

(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the 

urethra or anus of a woman or makes her to do so with him or any other person; or 

(c)  manipulates  any  part  of  the  body  of  a  woman  so  as  to  cause  penetration  into  the  vagina, 
urethra, anus or any part of body of such woman or makes her to do so with him or any other person; 
or 

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or 

any other person,  

under the circumstances falling under any of the following seven descriptions:— 

(i) against her will; 

(ii) without her consent; 

(iii) with her consent, when her consent has been obtained by putting her or any person in whom 

she is interested, in fear of death or of hurt; 

(iv)  with  her  consent,  when  the  man  knows  that  he  is  not  her  husband  and  that  her  consent  is 
given because she believes that he is another man to whom she is or believes herself to be lawfully 
married; 

(v) with her consent when, at the time of giving such consent, by reason of unsoundness of mind 
or  intoxication  or  the  administration  by  him  personally  or  through  another  of  any  stupefying  or 
unwholesome  substance, she  is  unable  to  understand  the  nature  and consequences  of  that  to  which 
she gives consent; 

(vi) with or without her consent, when she is under eighteen years of age; 

(vii) when she is unable to communicate consent. 

Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora. 

34 

 
Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words, 
gestures  or  any  form  of  verbal  or  non-verbal  communication,  communicates  willingness  to 
participate in the specific sexual act: 

Provided that a woman who does not physically resist to the act of penetration shall not by the 

reason only of that fact, be regarded as consenting to the sexual activity. 

Exception 1.—A medical procedure or intervention shall not constitute rape. 

Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under 

eighteen years of age, is not rape. 

64.  Punishment  for  rape.—(1)  Whoever,  except  in  the  cases  provided  for  in  sub-section  (2), 
commits rape, shall be punished with rigorous imprisonment of either description for a term which shall 
not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. 

(2) Whoever,— 

(a) being a police officer, commits rape,— 

(i) within the limits of the police station to which such police officer is appointed; or 

(ii) in the premises of any station house; or 

(iii)  on  a  woman  in  such  police  officer’s  custody  or  in  the  custody  of  a  police  officer 

subordinate to such police officer; or 

(b) being a public servant, commits rape on a woman in such public servant’s custody or in the 

custody of a public servant subordinate to such public servant; or 

(c)  being  a  member  of  the  armed  forces  deployed  in  an  area  by  the  Central  Government  or  a 

State Government commits rape in such area; or 

(d) being on the management or on the staff of a jail, remand home or other place of custody 
established by or under any law for the time being in force or of a women’s or children’s institution, 
commits rape on any inmate of such jail, remand home, place or institution; or 

(e)  being  on  the  management  or  on  the  staff  of  a  hospital,  commits  rape  on  a  woman  in  that 

hospital; or 

(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards 

the woman, commits rape on such woman; or 

(g) commits rape during communal or sectarian violence; or 

(h) commits rape on a woman knowing her to be pregnant; or 

(i) commits rape, on a woman incapable of giving consent; or 

(j) being in a position of control or dominance over a woman, commits rape on such woman; or 

(k) commits rape on a woman suffering from mental or physical disability; or 

(l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the 

life of a woman; or 

(m) commits rape repeatedly on the same woman, 

shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which 
may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s 
natural life, and shall also be liable to fine. 

Explanation.—For the purposes of this sub-section,—  

(a) “armed forces” means the naval, army and air forces and includes any member of the Armed 
Forces  constituted  under  any  law  for the  time  being  in force, including  the  paramilitary  forces  and 
any auxiliary forces that are under the control of the Central Government or the State Government; 

35 

 
(b) “hospital” means the precincts of the hospital and includes the precincts of any institution for 
the reception and treatment of persons during convalescence or of persons requiring medical attention 
or rehabilitation; 

(c) “police officer” shall have the same meaning as assigned to the expression “police” under the 

Police Act, 1861 (5 of 1861); 

(d)  “women’s  or  children’s  institution”  means  an  institution,  whether  called  an  orphanage  or  a 
home for neglected women or children or a widow’s home or an institution called by any other name, 
which is established and maintained for the reception and care of women or children. 

65. Punishment for rape in certain cases.—(1) Whoever, commits rape on a woman under sixteen 
years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty 
years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder 
of that person’s natural life, and shall also be liable to fine: 

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation 

of the victim: 

Provided further that any fine imposed under this sub-section shall be paid to the victim. 

(2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous 
imprisonment  for  a  term  which  shall  not  be  less  than  twenty  years,  but  which  may  extend  to 
imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and 
with fine or with death: 

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation 

of the victim: 

Provided further that any fine imposed under this sub-section shall be paid to the victim. 

66.  Punishment  for  causing  death  or  resulting  in  persistent  vegetative  state  of  victim.—
Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and in the 
course of such commission inflicts an injury which causes the death of the woman or causes the woman 
to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall 
not  be  less  than  twenty  years,  but  which  may  extend  to  imprisonment  for  life,  which  shall  mean 
imprisonment for the remainder of that person’s natural life, or with death. 

67.  Sexual  intercourse  by  husband  upon  his  wife  during  separation.—Whoever  has  sexual 
intercourse  with  his  own  wife,  who  is  living  separately,  whether  under  a  decree  of  separation  or 
otherwise,  without  her  consent,  shall  be  punished  with  imprisonment  of  either  description  for  a  term 
which shall not be less than two years but which may extend to seven years, and shall also be liable to 
fine. 

Explanation.—In  this  section,  “sexual  intercourse”  shall  mean  any  of  the  acts  mentioned  in                  

clauses (a) to (d) of section 63. 

68. Sexual intercourse by a person in authority.—Whoever, being—  

(a) in a position of authority or in a fiduciary relationship; or 

(b) a public servant; or 

(c) superintendent or manager of a jail, remand home or other place of custody established by or 

under any law for the time being in force, or a women’s or children’s institution; or 

(d) on the management of a hospital or being on the staff of a hospital,  

abuses  such  position  or  fiduciary  relationship  to  induce  or  seduce  any  woman  either  in  his  custody  or 
under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse 
not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description 
for a term which shall not be less than five years, but which may extend to ten years, and shall also be 
liable to fine. 

36 

 
Explanation  1.—  In  this  section,  “sexual  intercourse”  shall  mean  any  of  the  acts  mentioned  in       

clauses (a) to (d) of section 63. 

Explanation  2.—  For  the  purposes  of  this  section,  Explanation  1  to  section  63  shall  also  be 

applicable. 

Explanation  3.— “Superintendent”, in relation to a jail, remand home or other place of custody or a 
women’s or children’s institution, includes a person holding any other office in such jail, remand home, 
place or institution by virtue of which such person can exercise any authority or control over its inmates. 

Explanation  4.—The  expressions  “hospital”  and  “women’s  or  children’s  institution”  shall 
respectively  have  the same  meanings  as in  clauses (b)  and  (d) of the  Explanation  to  sub-section  (2)  of 
section 64. 

69.  Sexual  intercourse  by  employing  deceitful  means,  etc.—Whoever,  by  deceitful  means  or  by 
making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse 
with  her,  such  sexual  intercourse  not  amounting  to  the  offence  of  rape,  shall  be  punished  with 
imprisonment of either description for a term which may extend to ten years and shall also be liable to 
fine. 

Explanation.— “deceitful means” shall include inducement for, or false promise of employment or 

promotion, or marrying by suppressing identity. 

70. Gang rape.—(1) Where a woman is raped by one or more persons constituting a group or acting 
in  furtherance  of  a  common  intention,  each  of  those  persons  shall  be  deemed  to  have  committed  the 
offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than 
twenty  years,  but  which  may  extend  to  imprisonment  for  life  which  shall  mean  imprisonment  for  the 
remainder of that person’s natural life, and with fine: 

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation 

of the victim: 

Provided further that any fine imposed under this sub-section shall be paid to the victim. 

(2) Where a woman under eighteen years of age is raped by one or more persons constituting a group 
or acting in furtherance of a common intention, each of those persons shall be deemed to have committed 
the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for 
the remainder of that person’s natural life, and with fine, or with death: 

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation 

of the victim: 

Provided further that any fine imposed under this sub-section shall be paid to the victim. 

71.  Punishment  for  repeat  offenders.—Whoever  has  been  previously  convicted  of  an  offence 
punishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an 
offence  punishable  under  any  of  the  said  sections  shall  be  punished  with  imprisonment  for  life  which 
shall mean imprisonment for the remainder of that person’s natural life, or with death. 

72. Disclosure of identity of victim of certain offences, etc.—(1) Whoever prints or publishes the 
name or any matter which may make  known the identity of any person against whom an offence under 
section 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71 
is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be 
punished with imprisonment of either description for a term which may extend to two years and shall also 
be liable to fine. 

(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which 

may make known the identity of the victim if such printing or publication is— 

(a)  by  or  under  the  order  in  writing  of  the  officer-in-charge  of  the  police  station  or  the  police 
officer  making  the  investigation  into  such  offence  acting  in  good  faith  for  the  purposes  of  such 
investigation; or 

37 

 
(b) by, or with the authorisation in writing of, the victim; or 

(c)  where  the  victim  is  dead  or  a  child  or  of  unsound  mind,  by,  or  with  the  authorisation  in 

writing of, the next of kin of the victim: 

Provided that no such authorisation shall be given by the next of kin to anybody other than the 
chairman  or  the  secretary,  by  whatever  name  called,  of  any  recognised  welfare  institution  or 
organisation. 

Explanation.—For  the  purposes  of  this  sub-section,  “recognised  welfare  institution  or 
organisation”  means  a  social  welfare  institution  or  organisation  recognised  in  this  behalf  by  the 
Central Government or the State Government. 

73.  Printing  or  publishing  any  matter  relating  to  Court  proceedings  without  permission.—
Whoever prints or publishes any matter in relation to any proceeding before a Court with respect to an 
offence referred to in section 72 without the previous permission of such Court shall be punished with 
imprisonment of either description for a term which may extend to two years and shall also be liable to 
fine. 

Explanation.—The printing or publication of the judgment of any High Court or the Supreme Court 

does not amount to an offence within the meaning of this section. 

Of criminal force and assault against woman 

74.  Assault  or  use  of  criminal force to woman with  intent  to  outrage  her modesty.—Whoever 
assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will 
thereby outrage her modesty, shall be punished with imprisonment of either description for a term which 
shall not be less than one year but which may extend to five years, and shall also be liable to fine. 

75. Sexual harassment.—(1) A man committing any of the following acts:— 

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or 

(ii) a demand or request for sexual favours; or 

(iii) showing pornography against the will of a woman; or 

(iv) making sexually coloured remarks, 

shall be guilty of the offence of sexual harassment. 

(2)  Any  man  who  commits  the  offence  specified  in  clause  (i)  or  clause  (ii)  or  clause  (iii)  of                      

sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, 
or with fine, or with both. 

(3) Any man  who commits the offence specified in clause (iv) of sub-section (1) shall be punished 
with imprisonment of either description for a term which may extend to one year, or with fine, or with 
both. 

76. Assault or use of criminal force to woman with intent to disrobe.—Whoever assaults or uses 
criminal  force to  any  woman  or  abets  such  act  with  the  intention  of  disrobing  or  compelling  her  to  be 
naked, shall be punished with imprisonment of either description for a term which shall not be less than 
three years but which may extend to seven years, and shall also be liable to fine. 

77. Voyeurism.—Whoever watches, or captures the image of a woman engaging in a private act in 
circumstances  where  she  would  usually  have  the  expectation  of  not  being  observed  either  by  the 
perpetrator  or  by  any  other  person at  the  behest  of the  perpetrator  or  disseminates  such image  shall  be 
punished on first conviction with imprisonment of either description for a term which shall not be less 
than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a 
second or subsequent conviction, with imprisonment of either description for a term which shall not be 
less than three years, but which may extend to seven years, and shall also be liable to fine. 

Explanation 1.—For the purposes of this section, “private act” includes an act of watching carried out 
in a place which, in the circumstances, would reasonably be expected to provide privacy and where the 

38 

 
victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a 
lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public. 

Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their 
dissemination to third persons and where such image or act is disseminated, such dissemination shall be 
considered an offence under this section. 

78. Stalking.—(1) Any man who— 

(i)  follows  a  woman  and  contacts,  or  attempts  to  contact  such  woman  to  foster  personal 

interaction repeatedly despite a clear indication of disinterest by such woman; or 

(ii)  monitors  the  use  by  a  woman  of  the  internet,  e-mail  or  any  other  form  of  electronic 

communication, 

commits the offence of stalking: 

Provided that such conduct shall not amount to stalking if the man who pursued it proves that— 

(i)  it  was  pursued  for  the  purpose  of  preventing  or  detecting  crime  and  the  man  accused  of 
stalking had been entrusted with the responsibility of prevention and detection of crime by the State; 
or 

(ii) it was pursued under any law or to comply with any condition or requirement imposed by any 

person under any law; or 

(iii) in the particular circumstances such conduct was reasonable and justified. 

(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment 
of either description for a term which may extend to three years, and shall also be liable to fine; and be 
punished on a second or subsequent conviction, with imprisonment of either description for a term which 
may extend to five years, and shall also be liable to fine. 

79. Word, gesture or act intended to insult modesty of a woman.—Whoever, intending to insult 
the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any 
form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by 
such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment 
for a term which may extend to three years, and also with fine. 

Of offences relating to marriage 

80.  Dowry  death.—(1)  Where  the  death  of  a  woman  is  caused  by  any  burns  or  bodily  injury  or 
occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that 
soon before her death she was subjected to cruelty or harassment by her husband or any relative of her 
husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and 
such husband or relative shall be deemed to have caused her death. 

Explanation.—For  the  purposes  of  this  sub-section,  “dowry”  shall  have  the  same  meaning  as  in          

section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). 

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be 

less than seven years but which may extend to imprisonment for life. 

81. Cohabitation caused by man deceitfully inducing belief of lawful marriage.—Every man who 
by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to 
him  and  to  cohabit  or  have  sexual  intercourse  with  him  in  that  belief,  shall  be  punished  with 
imprisonment of either description for a term which may extend to ten years, and shall also be liable to 
fine. 

82. Marrying again during lifetime of husband or wife.—(1) Whoever, having a husband or wife 
living, marries in any case in which such marriage is void by reason of its taking place during the life of 
such husband or wife, shall be punished with imprisonment of either description for a term which may 
extend to seven years, and shall also be liable to fine. 

39 

 
Exception.—This  sub-section  does  not  extend to any  person  whose  marriage  with  such husband  or 
wife  has  been  declared  void  by  a  Court  of  competent  jurisdiction,  nor  to  any  person  who  contracts  a 
marriage  during  the  life  of  a  former  husband  or  wife,  if  such  husband  or  wife,  at  the  time  of  the 
subsequent marriage, shall have been continually absent from such person for the space of seven years, 
and  shall  not  have  been  heard  of  by  such  person  as  being  alive  within  that  time  provided  the  person 
contracting  such  subsequent  marriage  shall,  before  such  marriage  takes  place,  inform  the  person  with 
whom  such  marriage  is  contracted  of  the  real  state  of  facts  so  far  as  the  same  are  within  his  or  her 
knowledge. 

(2)  Whoever  commits  the  offence  under  sub-section  (1)  having  concealed  from  the  person  with 
whom  the  subsequent  marriage  is  contracted,  the  fact  of  the  former  marriage,  shall  be  punished  with 
imprisonment of either description for a term which may extend to ten years, and shall also be liable to 
fine. 

83.  Marriage  ceremony  fraudulently  gone  through  without  lawful  marriage.—Whoever, 
dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he 
is  not  thereby  lawfully  married,  shall  be  punished  with  imprisonment  of  either  description  for  a  term 
which may extend to seven years, and shall also be liable to fine. 

84.  Enticing  or  taking  away  or  detaining  with  criminal  intent  a  married  woman.—Whoever 
takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of 
any other man, with intent that she may have illicit intercourse with any person, or conceals or detains 
with that intent any such woman, shall be punished with imprisonment of either description for a term 
which may extend to two years, or with fine, or with both. 

85. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the 
husband  or  the relative  of  the  husband  of  a  woman,  subjects  such  woman  to  cruelty  shall  be  punished 
with imprisonment for a term which may extend to three years and shall also be liable to fine. 

86. Cruelty defined.—For the purposes of section 85, “cruelty” means— 

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide 
or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; 
or 

(b) harassment of the woman where such harassment is with a view to coercing her or any person 
related to her to meet any unlawful demand for any property or valuable security or is on account of 
failure by her or any person related to her to meet such demand. 

     87. Kidnapping, abducting or inducing woman to compel her marriage, etc.—Whoever kidnaps 
or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be 
compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit 
intercourse,  or  knowing  it  to  be likely  that  she  will  be  forced  or  seduced to illicit intercourse,  shall  be 
punished with imprisonment of either description for a term which may extend to ten years, and shall also 
be liable to fine; and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of 
authority or any other method of compulsion, induces any woman to go from any place with intent that 
she  may  be,  or  knowing  that  it  is  likely  that  she  will  be,  forced  or  seduced  to  illicit  intercourse  with 
another person shall also be punishable as aforesaid. 

Of causing miscarriage, etc. 

88.  Causing  miscarriage.—Whoever  voluntarily  causes  a  woman  with  child  to  miscarry,  shall,  if 
such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished 
with imprisonment of either description for a term which may extend to three years, or with fine, or with 
both; and, if the woman be quick with child, shall be punished with imprisonment of either description 
for a term which may extend to seven years, and shall also be liable to fine. 

Explanation.—A woman who causes herself to miscarry, is within the meaning of this section. 

89.  Causing  miscarriage  without  woman’s  consent.—Whoever  commits  the  offence  under                

section  88  without  the  consent  of  the  woman,  whether  the  woman  is  quick  with  child  or  not,  shall  be 

40 

 
punished  with  imprisonment  for  life,  or  with imprisonment  of  either  description  for  a term  which  may 
extend to ten years, and shall also be liable to fine. 

90.  Death  caused  by  act  done  with  intent  to  cause  miscarriage.—(1)  Whoever,  with  intent  to 
cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall 
be punished with imprisonment of either description for a term which may extend to ten years, and shall 
also be liable to fine. 

(2) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be 

punishable either with imprisonment for life, or with the punishment specified in said sub-section. 

Explanation.—It is not essential to this offence that the offender should know that the act is likely to 

cause death. 

91.  Act  done  with  intent  to  prevent  child  being  born  alive  or  to  cause  to  die  after  birth.—
Whoever  before  the  birth  of  any  child  does  any  act  with  the  intention  of  thereby  preventing  that  child 
from  being  born  alive  or  causing  it  to  die  after  its  birth,  and  does  by  such  act  prevent  that  child  from 
being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for  the 
purpose of saving the life of the mother, be punished with imprisonment of either description for a term 
which may extend to ten years, or with fine, or with both. 

92.  Causing  death  of  quick  unborn  child  by  act  amounting  to  culpable  homicide.—Whoever 
does any  act under  such  circumstances, that if  he  thereby  caused  death  he  would  be  guilty  of culpable 
homicide,  and  does  by  such  act  cause  the  death  of  a  quick  unborn  child,  shall  be  punished  with 
imprisonment of either description for a term which may extend to ten years, and shall also be liable to 
fine. 

Illustration. 

A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused 
the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but 
the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence 
defined in this section. 

Of offences against child 

93. Exposure and abandonment of child under twelve years of age, by parent or person having 
care of it.—Whoever being the father or mother of a child under the age of twelve years, or having the 
care of such child, shall expose or leave such child in any place with the intention of wholly abandoning 
such  child,  shall  be  punished  with  imprisonment  of  either  description  for  a  term  which  may  extend  to 
seven years, or with fine, or with both. 

Explanation.—This section is not intended to prevent the trial of the offender for murder or culpable 

homicide, as the case may be, if the child die in consequence of the exposure. 

94.  Concealment  of  birth  by  secret  disposal  of  dead  body.—Whoever,  by  secretly  burying  or 
otherwise disposing of the dead body of a child whether such child die before or after or during its birth, 
intentionally  conceals  or  endeavours  to  conceal  the  birth  of  such  child,  shall  be  punished  with 
imprisonment of either description for a term which may extend to two years, or with fine, or with both. 

95.  Hiring,  employing  or  engaging  a  child  to  commit  an  offence.—Whoever  hires,  employs  or 
engages any child to commit an offence shall be punished with imprisonment of either description which 
shall not be less than three years but which may extend to ten years, and with fine; and if the offence be 
committed shall also be punished with the punishment provided for that offence as if the offence has been 
committed by such person himself. 

Explanation.—Hiring, employing, engaging or using a child for sexual exploitation or pornography is 

covered within the meaning of this section. 

96. Procuration of child.—Whoever, by any means whatsoever, induces any child to go from any 
place or to do any act with intent that such child may be, or knowing that it is likely that such child will 

41 

 
be,  forced  or  seduced  to  illicit  intercourse  with  another  person  shall  be  punishable  with  imprisonment 
which may extend to ten years, and shall also be liable to fine. 

97. Kidnapping or abducting child under ten years of age with intent to steal from its person.—
Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly 
any  movable  property  from  the  person  of  such  child,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to seven years, and shall also be liable to fine. 

98.  Selling  child  for  purposes  of  prostitution,  etc.—Whoever  sells,  lets  to  hire,  or  otherwise 
disposes of any child with intent that such child shall at any age be employed or used for the purpose of 
prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it 
to be likely that such child will at any age be employed or used for any such purpose, shall be punished 
with imprisonment of either description for a term which may extend to ten years, and shall also be liable 
to fine. 

Explanation  1.—When  a  female  under  the  age  of  eighteen  years  is  sold,  let  for  hire,  or  otherwise 
disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of 
such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that 
she shall be used for the purpose of prostitution. 

Explanation  2.—For  the  purposes  of  this  section  “illicit  intercourse”  means  sexual  intercourse 
between  persons  not  united  by  marriage  or  by  any  union  or  tie  which,  though  not  amounting  to  a 
marriage, is recognised by the personal law or custom of the community to which they belong or, where 
they  belong  to  different  communities,  of  both  such  communities,  as  constituting  between  them  a                 
quasi-marital relation. 

99.  Buying  child  for  purposes  of  prostitution,  etc.—Whoever  buys,  hires  or  otherwise  obtains 
possession of any child with intent that such child shall at any age be employed or used for the purpose of 
prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it 
to be likely that such child will at any age be employed or used for any such purpose, shall be punished 
with  imprisonment  of  either  description  for  a  term  which  shall  not  be  less  than  seven  years  but  which 
may extend to fourteen years, and shall also be liable to fine. 

Explanation  1.—Any  prostitute  or  any  person  keeping  or  managing  a  brothel,  who  buys,  hires  or 
otherwise  obtains  possession  of  a  female  under  the  age  of  eighteen  years  shall,  until  the  contrary  is 
proved, be presumed to have obtained possession of such female with the intent that she shall be used for 
the purpose of prostitution. 

Explanation 2.— “Illicit intercourse” has the same meaning as in section 98. 

CHAPTER VI 

OF OFFENCES AFFECTING THE HUMAN BODY 

Of offences affecting life 

100.  Culpable  homicide.—Whoever  causes  death  by  doing  an  act  with  the  intention  of  causing 
death,  or  with  the  intention  of  causing  such  bodily  injury  as  is  likely  to  cause  death,  or  with  the 
knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. 

Illustrations. 

(a)  A  lays  sticks  and  turf  over  a  pit,  with  the  intention  of  thereby  causing  death,  or  with  the 
knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls 
in and is killed. A has committed the offence of culpable homicide. 

(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be 
likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no 
offence; but A has committed the offence of culpable homicide. 

(c)  A,  by  shooting  at  a  fowl  with  intent  to  kill  and  steal  it,  kills  B,  who  is  behind  a  bush;  A  not 
knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable 

42 

 
homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause 
death. 

Explanation  1.—A  person  who  causes  bodily  injury  to  another  who  is  labouring  under  a  disorder, 
disease  or  bodily  infirmity,  and  thereby  accelerates  the  death  of  that  other,  shall  be  deemed  to  have 
caused his death. 

Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury 
shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment 
the death might have been prevented. 

Explanation  3.—The causing  of  the  death of a  child in  the  mother’s  womb  is  not  homicide.  But  it 
may amount to culpable homicide to cause the death of a living child, if any part of that child has been 
brought forth, though the child may not have breathed or been completely born. 

101. Murder.—Except in the cases hereinafter excepted, culpable homicide is murder,— 

(a) if the act by which the death is caused is done with the intention of causing death; or  

(b) if the act by which the death is caused is done with the intention of causing such bodily injury 

as the offender knows to be likely to cause the death of the person to whom the harm is caused; or 

(c) if the act by which the death is caused is done with the intention of causing bodily injury to 
any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature 
to cause death; or 

(d) if the person committing the act by which the death is caused, knows that it is so imminently 
dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, 
and  commits  such  act  without  any  excuse  for  incurring  the  risk  of  causing  death  or  such  injury  as 
aforesaid. 

Illustrations. 

(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. 

(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes 
him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, 
although the blow might not have been sufficient in the ordinary course of nature to cause the death of a 
person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him 
such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, 
although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, 
or such bodily injury as in the ordinary course of nature would cause death. 

(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the 
ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have 
intended to cause Z’s death. 

(d) A without any excuse fires a loaded cannon into a crowd of persons and  kills one of them. A is 

guilty of murder, although he may not have had a premeditated design to kill any particular individual. 

Exception  1.—Culpable  homicide  is  not  murder  if  the  offender,  whilst  deprived  of  the  power  of            

self-control by grave and sudden provocation, causes the death of the person who gave the provocation or 
causes the death of any other person by mistake or accident: 

Provided that the provocation is not,— 

(a) sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any 

person; 

(b) given by anything done in obedience to the law, or by a public servant in the lawful exercise 

of the powers of such public servant; 

(c) given by anything done in the lawful exercise of the right of private defence. 

43 

 
Explanation.—Whether  the  provocation  was  grave  and  sudden  enough  to  prevent  the  offence 

from amounting to murder is a question of fact. 

Illustrations. 

(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, 
Z’s child. This is murder, in as much as the provocation was not given by the child, and the death of 
the child was not caused by accident or misfortune in doing an act caused by the provocation. 

(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither 
intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here 
A has not committed murder, but merely culpable homicide. 

(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, 
and  kills  Z.  This  is  murder,  in  as  much  as  the  provocation  was  given  by  a  thing  done  by  a  public 
servant in the exercise of his powers. 

(d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s 
deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. 
This is murder. 

(e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to 
prevent  him  from  doing  so.  A  is  moved  to  sudden  and  violent  passion  in  consequence,  and  kills  Z. 
This is murder, in as much as the provocation was giving by a thing done in the exercise of the right of 
private defence. 

(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take 
advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z 
with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. 

Exception 2.—Culpable homicide is not murder if the offender in the exercise in good faith of the 
right of private defence of person or property, exceeds the power given to him by law and causes the 
death of the person against whom he is exercising such right of defence without premeditation, and 
without any intention of doing more harm than is necessary for the purpose of such defence. 

Illustration. 

Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. 
Z persists in the assault. A believing in good faith that he can by no other means prevent himself from 
being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide. 

Exception  3.—Culpable  homicide  is  not  murder  if  the  offender,  being  a  public  servant  or  aiding  a 
public servant acting for the advancement of public justice, exceeds the powers given to him by law, and 
causes  death  by  doing  an  act  which  he,  in  good  faith,  believes  to  be  lawful  and  necessary  for  the  due 
discharge  of  his  duty  as  such  public  servant  and  without  ill-will  towards  the  person  whose  death  is 
caused. 

Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden 
fight  in  the  heat  of  passion  upon  a  sudden  quarrel  and  without  the  offender’s  having  taken  undue 
advantage or acted in a cruel or unusual manner. 

Explanation.—It is immaterial in such cases which party offers the provocation or commits the first 

assault. 

Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above 

the age of eighteen years, suffers death or takes the risk of death with his own consent. 

Illustration. 

A, by instigation, voluntarily causes Z, a child to commit suicide. Here, on account of Z’s youth, he 

was incapable of giving consent to his own death; A has therefore abetted murder. 

102.  Culpable  homicide  by  causing  death  of  person  other  than  person  whose  death  was 
intended.—If  a  person,  by  doing  anything  which  he  intends  or  knows  to  be  likely  to  cause  death, 

44 

 
commits  culpable  homicide  by  causing  the  death  of  any  person,  whose  death  he  neither  intends  nor 
knows  himself  to  be  likely  to  cause,  the  culpable  homicide  committed  by  the  offender  is  of  the 
description of which it would have been if he had caused the death of the person whose death he intended 
or knew himself to be likely to cause. 

103.  Punishment  for  murder.—(1)  Whoever  commits  murder  shall  be  punished  with  death  or 

imprisonment for life, and shall also be liable to fine. 

(2) When a group of five or more persons acting in concert commits murder on the ground of race, 
caste  or  community,  sex,  place  of  birth,  language,  personal  belief  or  any  other  similar  ground  each 
member of such group shall be punished with death or with imprisonment for life, and shall also be liable 
to fine. 

104. Punishment for murder by life-convict.—Whoever, being under sentence of imprisonment for 
life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the 
remainder of that person’s natural life. 

105. Punishment for culpable homicide not amounting to murder.—Whoever commits culpable 
homicide  not  amounting  to  murder,  shall  be  punished  with  imprisonment  for  life,  or  imprisonment  of 
either description for a term which shall not be less than five years but which may  extend to ten years, 
and  shall  also  be  liable  to  fine,  if  the  act  by  which  the  death  is  caused  is  done  with  the  intention  of 
causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either 
description for a term which may extend to ten years and with fine, if the act is done with the knowledge 
that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as 
is likely to cause death. 

106. Causing death by negligence.—(1) Whoever causes death of any person by doing any rash or 
negligent  act  not  amounting  to  culpable  homicide,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to five years, and shall also be liable to fine; and if such act is 
done by a registered medical practitioner while performing medical procedure, he shall be punished with 
imprisonment of either description for a term which may extend to two years, and shall also be liable to 
fine. 

Explanation.—For  the  purposes  of  this  sub-section,  “registered  medical  practitioner”  means  a 
medical  practitioner  who  possesses  any  medical  qualification  recognised  under  the  National  Medical 
Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register 
or a State Medical Register under that Act. 

(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to 
culpable  homicide,  and  escapes  without  reporting  it  to  a  police  officer  or  a  Magistrate  soon  after  the 
incident, shall  be punished  with  imprisonment  of  either  description  of a term  which  may  extend to ten 
years, and shall also be liable to fine. 

107.  Abetment  of  suicide  of  child  or  person  of  unsound  mind.—If  any  child,  any  person  of 
unsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever 
abets  the  commission  of  such  suicide,  shall  be  punished  with  death  or  imprisonment  for  life,  or 
imprisonment for a term not exceeding ten years, and shall also be liable to fine. 

108. Abetment of suicide.—If any person commits suicide, whoever abets the commission of such 
suicide,  shall  be  punished with imprisonment  of  either  description  for  a term  which  may  extend to  ten 
years, and shall also be liable to fine. 

109. Attempt to murder.—(1) Whoever does any act with such intention or knowledge, and under 
such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished 
with imprisonment of either description for a term which may extend to ten years, and shall also be liable 
to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment 
for life, or to such punishment as is hereinbefore mentioned. 

45 

 
(2) When any person offending under sub-section (1) is under sentence of imprisonment for life, he 
may,  if  hurt  is  caused,  be  punished  with  death  or  with  imprisonment  for  life,  which  shall  mean  the 
remainder of that person’s natural life. 

Illustrations. 

(a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would 

be guilty of murder. A is liable to punishment under this section. 

(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A 

has committed the offence defined by this section, though the death of the child does not ensue. 

(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires 
the gun at Z. He has committed the offence defined in this section, and, if by such firing he wounds Z, he 
is liable to the punishment provided by the latter part of sub-section (1). 

(d)  A,  intending  to  murder  Z  by  poison,  purchases  poison  and  mixes  the  same  with  food  which 
remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on 
Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this 
section. 

110.  Attempt  to  commit  culpable  homicide.—Whoever  does  any  act  with  such  intention  or 
knowledge  and  under  such  circumstances  that,  if  he  by  that  act  caused  death,  he  would  be  guilty  of 
culpable homicide not amounting to murder, shall be punished with imprisonment of either description 
for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person 
by such act, shall be punished with imprisonment of either description for a term which may extend to 
seven years, or with fine, or with both. 

Illustration 

A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby 
caused death, he would be guilty of culpable homicide not amounting to murder. A has committed the 
offence defined in this section. 

111.  Organised  crime.—(1)  Any  continuing  unlawful  activity  including  kidnapping,  robbery, 
vehicle  theft,  extortion,  land  grabbing,  contract  killing,  economic  offence,  cyber-crimes,  trafficking  of 
persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any 
person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime 
syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or 
by  any  other  unlawful  means  to  obtain  direct  or  indirect  material  benefit  including  a  financial  benefit, 
shall constitute organised crime. 

Explanation.—For the purposes of this sub-section,—  

(i) “organised crime syndicate” means a group of two or more persons who, acting either singly 

or jointly, as a syndicate or gang indulge in any continuing unlawful activity; 

(ii)  “continuing  unlawful  activity”  means  an  activity  prohibited  by  law  which  is  a  cognizable 
offence punishable with imprisonment of three years or more, undertaken by any person, either singly 
or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of 
which more than one charge-sheets have been filed before a competent Court within the preceding 
period  of  ten  years  and  that  Court  has  taken  cognizance  of  such  offence,  and  includes  economic 
offence; 

(iii)  “economic  offence”  includes  criminal  breach  of  trust,  forgery,  counterfeiting  of  currency-
notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud or running any 
scheme to defraud several persons or doing any act in any manner with a view to defraud any bank or 
financial  institution  or  any  other  institution  or  organisation  for  obtaining  monetary  benefits  in  any 
form. 

(2) Whoever commits organised crime shall,— 

46 

 
(a)  if  such  offence  has  resulted  in  the  death  of  any  person,  be  punished  with  death  or 

imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees; 

(b) in any other case, be punished with imprisonment for a term which shall not be less than five 
years but which may extend to imprisonment for life, and shall also be liable to fine which shall not 
be less than five lakh rupees. 

(3)  Whoever  abets,  attempts,  conspires  or  knowingly  facilitates  the  commission  of  an  organised 
crime,  or  otherwise  engages  in  any  act  preparatory  to  an  organised  crime,  shall  be  punished  with 
imprisonment for a term which shall not be less than five years but which may extend to imprisonment 
for life, and shall also be liable to fine which shall not be less than five lakh rupees. 

(4)  Any  person  who  is  a  member  of  an  organised  crime  syndicate  shall  be  punished  with 
imprisonment for a term which shall not be less than five years but which may extend to imprisonment 
for life, and shall also be liable to fine which shall not be less than five lakh rupees. 

(5)  Whoever,  intentionally,  harbours  or  conceals  any  person  who  has  committed  the  offence  of  an 
organised crime shall be punished with imprisonment for a term which shall not be less than three years 
but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than 
five lakh rupees: 

Provided that this sub-section shall not apply to any case in which the harbour or concealment is by 

the spouse of the offender. 

(6) Whoever possesses any property derived or obtained from the commission of an organised crime 
or  proceeds  of  any  organised  crime  or  which  has  been  acquired  through  the  organised  crime,  shall  be 
punishable with imprisonment for a term which shall not be less than three years but which may extend to 
imprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees. 

(7) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in 
possession  of  movable  or  immovable  property  which  he  cannot  satisfactorily  account  for,  shall  be 
punishable with imprisonment for a term which shall not be less than three years but which may extend to 
imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees. 

112.  Petty  organised  crime.—(1)  Whoever,  being  a  member  of  a  group  or  gang,  either  singly  or 
jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting 
or  gambling,  selling  of  public  examination  question papers  or  any  other  similar  criminal  act,  is  said to 
commit petty organised crime. 

Explanation.—For  the  purposes  of  this  sub-section  “theft”  includes  trick  theft,  theft  from  vehicle, 
dwelling  house  or  business  premises,  cargo  theft,  pick  pocketing,  theft  through  card  skimming, 
shoplifting and theft of Automated Teller Machine. 

(2)  Whoever  commits  any  petty  organised  crime  shall  be  punished  with  imprisonment  for  a  term 
which shall not be less than one year but which may extend to seven years, and shall also be liable to fine. 

113.  Terrorist  act.—(1) Whoever does  any  act  with  the intent  to  threaten  or likely  to  threaten  the 
unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or 
likely to strike terror in the people or any section of the people in India or in any foreign country,— 

(a) by using bombs, dynamite or other explosive substance or inflammable substance or firearms 
or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance 
(whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means 
of whatever nature to cause or likely to cause,— 

(i) death of, or injury to, any person or persons; or 

(ii) loss of, or damage to, or destruction of, property; or 

(iii) disruption of any supplies or services essential to the life of the community in India or in 

any foreign country; or 

47 

 
(iv)  damage  to,  the  monetary  stability  of  India  by  way  of  production  or  smuggling  or 

circulation of counterfeit Indian paper currency, coin or of any other material; or 

(v) damage or destruction of any property in India or in a foreign country used or intended to 
be used for the defence of India or in connection with any other purposes of the Government of 
India, any State Government or any of their agencies; or 

(b) overawes by  means of criminal force or the show of criminal force or attempts to do so or 

causes death of any public functionary or attempts to cause death of any public functionary; or 

(c) detains, kidnaps or abducts any person and threatening to kill or injure such person or does 
any other act in order to compel the Government of India, any State Government or the Government 
of a foreign country or an international or inter-governmental organisation or any other person to do 
or abstain from doing any act,  

commit a terrorist act. 

Explanation.—For the purpose of this sub-section,— 

(a) “public functionary” means the constitutional authorities or any other functionary notified in 

the Official Gazette by the Central Government as public functionary; 

(b)  “counterfeit  Indian  currency”  means  the  counterfeit  currency  as  may  be  declared  after 
examination  by  an  authorised  or  notified  forensic  authority  that  such  currency  imitates  or 
compromises with the key security features of Indian currency. 

(2) Whoever commits a terrorist act shall,— 

(a)  if  such  offence  has  resulted  in  the  death  of  any  person,  be  punished  with  death  or 

imprisonment for life, and shall also be liable to fine; 

(b) in any other case, be punished with imprisonment for a term which shall not be less than five 

years but which may extend to imprisonment for life, and shall also be liable to fine. 

(3)  Whoever  conspires  or  attempts  to  commit,  or  advocates,  abets,  advises  or  incites,  directly  or 
knowingly  facilitates  the  commission  of  a  terrorist  act  or  any  act  preparatory  to  the  commission  of  a 
terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but 
which may extend to imprisonment for life, and shall also be liable to fine. 

(4) Whoever organises or causes to be organised any camp or camps for imparting training in terrorist 
act, or recruits or causes to be recruited any person or persons for commission of a terrorist act, shall be 
punished with imprisonment for a term which shall not be less than five years but which may extend to 
imprisonment for life, and shall also be liable to fine. 

(5)  Any  person  who  is  a  member  of  an  organisation  which  is  involved  in  terrorist  act,  shall  be 
punished  with  imprisonment  for  a  term  which  may  extend  to  imprisonment  for  life,  and  shall  also  be 
liable to fine. 

(6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing 
that such person has committed a terrorist act shall be punished with imprisonment for a term which shall 
not  be  less than  three  years  but  which  may  extend to  imprisonment for life,  and  shall also  be  liable to 
fine: 

Provided that this sub-section shall not apply to any case in which the harbour or concealment is by 

the spouse of the offender. 

(7) Whoever knowingly possesses any property derived or obtained from commission of any terrorist 
act  or  acquired through  the  commission  of  any  terrorist  act  shall  be  punished with  imprisonment  for  a 
term which may extend to imprisonment for life, and shall also be liable to fine. 

Explanation.—For the removal of doubts, it is hereby declared that the officer not below the rank of 
Superintendent  of  Police  shall  decide  whether  to  register  the  case  under  this  section  or  under  the 
Unlawful Activities (Prevention) Act, 1967 (37 of 1967). 

48 

 
Of hurt 

114. Hurt.—Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. 

115.  Voluntarily  causing  hurt.—(1)  Whoever  does  any  act  with  the  intention  of  thereby  causing 
hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does 
thereby cause hurt to any person, is said “voluntarily to cause hurt”. 

(2)  Whoever,  except  in  the  case  provided  for  by  sub-section  (1)  of  section  122  voluntarily  causes 
hurt, shall be punished with imprisonment of either description for a term which may extend to one year, 
or with fine which may extend to ten thousand rupees, or with both. 

116. Grievous hurt.—The following kinds of hurt only are designated as “grievous”, namely:— 

(a) Emasculation; 

(b) Permanent privation of the sight of either eye; 

(c) Permanent privation of the hearing of either ear; 

(d) Privation of any member or joint; 

(e) Destruction or permanent impairing of the powers of any member or joint; 

(f) Permanent disfiguration of the head or face; 

(g) Fracture or dislocation of a bone or tooth; 

(h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen 

days in severe bodily pain, or unable to follow his ordinary pursuits. 

117. Voluntarily causing grievous hurt.—(1) Whoever voluntarily causes hurt, if the hurt which he 
intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is 
grievous hurt, is said “voluntarily to cause grievous hurt”. 

Explanation.—A  person  is  not  said  voluntarily  to  cause  grievous  hurt  except  when  he  both  causes 
grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily 
to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he 
actually causes grievous hurt of another kind. 

Illustration. 

A, intending of knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which 
does not permanently disfigure Z’s face, but which causes Z to suffer severe bodily pain for the space of 
fifteen days. A has voluntarily caused grievous hurt. 

(2)  Whoever,  except  in  the  case  provided  for  by  sub-section  (2)  of  section  122,  voluntarily  causes 
grievous hurt, shall be punished with imprisonment of either description for a term which may extend to 
seven years, and shall also be liable to fine. 

(3) Whoever commits an offence under sub-section (1) and in the course of such commission causes 
any  hurt  to  a  person  which  causes  that  person  to  be  in  permanent  disability  or  in  persistent  vegetative 
state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but 
which  may  extend  to  imprisonment  for  life,  which  shall  mean  imprisonment  for  the  remainder  of  that 
person’s natural life. 

(4) When a group of five or more persons acting in concert, causes grievous hurt to a person on the 
ground of his race, caste or community, sex, place of birth, language, personal belief or any other similar 
ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be 
punished with imprisonment of either description for a term which may extend to seven years, and shall 
also be liable to fine. 

118. Voluntarily causing hurt or grievous hurt by dangerous weapons or means.—(1) Whoever, 
except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt by means of any 
instrument  for  shooting,  stabbing  or  cutting,  or  any  instrument  which,  used  as a  weapon  of  offence,  is 

49 

 
likely  to  cause  death,  or  by  means  of  fire  or  any  heated  substance,  or  by  means  of  any  poison  or  any 
corrosive substance, or by means of any explosive substance, or by means of any substance which it is 
deleterious  to  the  human  body  to  inhale,  to  swallow,  or  to  receive  into  the  blood,  or  by  means  of  any 
animal, shall be punished with imprisonment of either description for a term which may extend to three 
years, or with fine which may extend to twenty thousand rupees, or with both. 

(2)  Whoever,  except  in  the  case  provided  for  by  sub-section  (2)  of  section  122,  voluntarily  causes 
grievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment for life, or 
with imprisonment of either description for a term which shall not be less than  one year but which may 
extend to ten years, and shall also be liable to fine. 

119. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal 
act.—(1)  Whoever  voluntarily  causes  hurt  for  the  purpose  of  extorting  from  the  sufferer,  or  from  any 
person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any 
person interested in such sufferer to do anything which is illegal or which may facilitate the commission 
of an offence, shall be punished with imprisonment of either description for a term which may extend to 
ten years, and shall also be liable to fine. 

(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be 
punished with imprisonment for life, or imprisonment of either description for a term which may extend 
to ten years, and shall also be liable to fine. 

120. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of 
property.—(1) Whoever voluntarily  causes hurt for the purpose of extorting from the sufferer or from 
any person interested in the sufferer, any confession or any information which may lead to the detection 
of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the 
sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim 
or demand, or to give information which may lead to the restoration of any property or valuable security, 
shall be punished with imprisonment of either description for a term which may extend to seven years, 
and shall also be liable to fine. 

Illustrations. 

(a)  A,  a  police  officer,  tortures  Z  in  order  to  induce  Z  to  confess  that  he  committed  a  crime.  A  is 

guilty of an offence under this section. 

(b)  A,  a  police  officer,  tortures  B  to  induce  him  to  point  out  where  certain  stolen  property  is 

deposited. A is guilty of an offence under this section. 

(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from 

Z. A is guilty of an offence under this section. 

(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be 
punished with imprisonment of either description for a term which may extend to ten years, and shall also 
be liable to fine. 

121.  Voluntarily  causing  hurt  or  grievous  hurt  to  deter  public  servant  from  his  duty.—(1) 
Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such 
public servant, or with intent to prevent or deter that person or any other public servant from discharging 
his duty as such public servant or in consequence of anything done or attempted to be done by that person 
in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either 
description for a term which may extend to five years, or with fine, or with both. 

(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of 
his duty as such public servant, or with intent to prevent or deter that person or any other public servant 
from discharging his duty as such public servant or in consequence of anything done or attempted to be 
done  by  that  person  in  the  lawful  discharge  of  his  duty  as  such  public  servant,  shall  be  punished  with 
imprisonment of either description for a term which shall not be less than one year but which may extend 
to ten years, and shall also be liable to fine. 

50 

 
122. Voluntarily causing hurt or grievous hurt on provocation.—(1) Whoever voluntarily causes 
hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt 
to any person other than the person who gave the provocation, shall be punished with imprisonment of 
either  description  for  a  term  which  may  extend  to  one  month,  or  with  fine  which  may  extend  to  five 
thousand rupees, or with both. 

(2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends 
nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the 
provocation, shall be punished with imprisonment of either description for a term which may extend to 
five years, or with fine which may extend to ten thousand rupees, or with both. 

Explanation.—This section is subject to the same proviso as Exception 1 of section 101. 

123.  Causing  hurt  by  means  of  poison,  etc.,  with  intent  to  commit  an  offence.—Whoever 
administers  to  or  causes  to  be  taken  by  any  person  any  poison  or  any  stupefying,  intoxicating  or 
unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to 
facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be 
punished with imprisonment of either description for a term which may extend to ten years, and shall also 
be liable to fine. 

124.  Voluntarily  causing  grievous  hurt  by  use  of  acid,  etc.—(1)  Whoever  causes  permanent  or 
partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body 
of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by 
using any other means with the intention of causing or with the knowledge that he is likely to cause such 
injury  or  hurt  or  causes  a  person  to  be  in  a  permanent  vegetative  state  shall  be  punished  with 
imprisonment of either description for a term which shall not be less than ten years but which may extend 
to imprisonment for life, and with fine: 

Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of 

the victim: 

Provided further that any fine imposed under this sub-section shall be paid to the victim. 

(2)  Whoever throws  or attempts  to  throw acid  on any  person  or  attempts  to administer  acid  to any 
person, or attempts to use any other means, with the intention of causing permanent or partial damage or 
deformity  or  burns  or  maiming  or  disfigurement  or  disability  or  grievous  hurt  to  that  person,  shall  be 
punished with imprisonment of either description for a term which shall not be less than five years but 
which may extend to seven years, and shall also be liable to fine. 

Explanation 1.—For the purposes of this section, “acid” includes any substance which has acidic or 
corrosive  character  or  burning  nature,  that  is  capable  of  causing  bodily  injury  leading  to  scars  or 
disfigurement or temporary or permanent disability. 

Explanation  2.—For  the  purposes  of  this  section,  permanent  or  partial  damage  or  deformity  or 

permanent vegetative state shall not be required to be irreversible. 

125.  Act  endangering  life  or  personal  safety  of  others.—Whoever  does  any  act  so  rashly  or 
negligently  as  to  endanger  human  life  or  the  personal  safety  of  others,  shall  be  punished  with 
imprisonment of either description for a term which may extend to three months or with fine which may 
extend to two thousand five hundred rupees, or with both, but— 

(a)  where  hurt  is  caused,  shall  be  punished  with  imprisonment  of  either  description  for  a  term 
which  may  extend  to  six  months,  or  with  fine  which  may  extend  to  five  thousand  rupees,  or  with 
both; 

(b) where grievous hurt is caused, shall be punished with imprisonment of either description for a 
term which may extend to three years, or with fine which may extend to ten thousand rupees, or with 
both. 

51 

 
 
 
Of wrongful restraint and wrongful confinement 

126. Wrongful restraint.—(1) Whoever voluntarily obstructs any person so as to prevent that person 
from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain 
that person. 

Exception.—The  obstruction  of  a  private  way  over  land  or  water  which  a  person  in  good  faith 

believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. 

Illustration. 

A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right 

to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z. 

(2) Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term 

which may extend to one month, or with fine which may extend to five thousand rupees, or with both. 

127. Wrongful confinement.—(1) Whoever wrongfully restrains any person in such a manner as to 
prevent  that  person  from  proceedings  beyond  certain  circumscribing  limits,  is  said  “wrongfully  to 
confine” that person. 

Illustrations. 

(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in 

any direction beyond the circumscribing line of wall. A wrongfully confines Z. 

(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z 

attempts to leave the building. A wrongfully confines Z. 

(2)  Whoever  wrongfully  confines  any  person  shall  be  punished  with  imprisonment  of  either 
description  for  a  term  which  may  extend  to  one  year,  or  with  fine  which  may  extend  to  five  thousand 
rupees, or with both. 

(3)  Whoever  wrongfully  confines  any  person  for  three  days,  or  more,  shall  be  punished  with 
imprisonment of either description for a term which may extend to three years, or with fine which may 
extend to ten thousand rupees, or with both. 

(4)  Whoever  wrongfully  confines  any  person  for  ten  days  or  more,  shall  be  punished  with 
imprisonment of either description for a term which may extend to five years, and shall also be liable to 
fine which shall not be less than ten thousand rupees. 

(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that 
person has been duly issued, shall be punished with imprisonment of either description for a term which 
may extend to two years in addition to any term of imprisonment to which he may be liable under any 
other section of this Chapter and shall also be liable to fine. 

(6)  Whoever  wrongfully  confines  any  person  in  such  manner  as  to  indicate  an  intention  that  the 
confinement of such person may not be known to any person interested in the person so confined, or to 
any public servant, or that the place of such confinement may not be known to or discovered by any such 
person  or  public  servant  as  hereinbefore  mentioned,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to three years in addition to any other punishment to which he 
may be liable for such wrongful confinement and shall also be liable to fine. 

(7) Whoever wrongfully confines any person for the purpose of extorting from the person confined, 
or from any person interested in the person confined, any property or valuable security or of constraining 
the  person  confined  or  any  person  interested  in  such  person  to  do  anything  illegal  or  to  give  any 
information which may facilitate the commission of an offence, shall be punished with imprisonment of 
either description for a term which may extend to three years, and shall also be liable to fine. 

(8) Whoever wrongfully confines any person for the purpose of extorting from the person confined or 
any  person  interested  in  the  person confined  any  confession  or any  information  which  may  lead  to the 
detection  of  an  offence  or  misconduct,  or  for  the  purpose  of  constraining  the  person  confined  or  any 
person interested in the person confined to restore or to cause the restoration of any property or valuable 

52 

 
security or to satisfy any claim or demand, or to give information which may lead to the restoration of 
any property or valuable security, shall be punished with imprisonment of either description for a term 
which may extend to three years, and shall also be liable to fine. 

Of criminal force and assault 

128.  Force.—A  person  is  said  to  use  force  to  another  if  he  causes  motion,  change  of  motion,  or 
cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or 
cessation  of  motion  as  brings  that  substance  into  contact  with  any  part  of  that  other’s  body,  or  with 
anything  which that other is wearing or carrying, or with anything so situated that such contact affects 
that other’s sense of feeling: 

Provided that the person causing the motion, or change of motion, or cessation of motion, causes that 

motion, change of motion, or cessation of motion in one of the following three ways, namely:— 

(a) by his own bodily power; 

(b) by disposing any substance in such a manner that the motion or change or cessation of motion 

takes place without any further act on his part, or on the part of any other person; 

(c) by inducing any animal to move, to change its motion, or to cease to move. 

129.  Criminal  force.—Whoever  intentionally  uses  force  to  any  person,  without  that  person’s 
consent,  in  order  to  the  committing  of  any  offence,  or  intending  by  the  use  of  such  force  to  cause,  or 
knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person 
to whom the force is used, is said to use criminal force to that other. 

Illustrations. 

(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes 
the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing 
substances in such a manner that the motion is produced without any other action on any person’s part. A 
has  therefore  intentionally  used  force  to  Z;  and  if  he  has  done  so  without  Z’s  consent,  in  order  to  the 
committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, 
fear or annoyance to Z, A has used criminal force to Z. 

(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here 
A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used 
force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may 
thereby injure, frighten or annoy Z, A has used criminal force to Z. 

(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A 
has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used 
force to Z; and as A has acted thus intentionally, without Z’s consent, in order to the commission of an 
offence. A has used criminal force to Z. 

(d)  A intentionally  pushes against  Z  in  the  street.  Here  A  has  by  his own  bodily  power  moved  his 
own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he 
has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten 
or annoy Z, he has used criminal force to Z. 

(e)  A  throws  a  stone,  intending  or  knowing  it  to  be  likely  that  the  stone  will  be  thus  brought  into 
contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up 
the water against Z’s clothes or something carried by Z. Here, if the throwing of the stone produce the 
effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z, and if 
he did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force 
to Z. 

(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her, and if he does so 
without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, 
he has used criminal force to her. 

53 

 
(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by 
his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or 
with  other  water  so  situated  that  such  contact  must  affect  Z’s  sense  of  feeling;  A  has  therefore 
intentionally used force to Z; and if he has done this without Z’s consent intending or knowing it to be 
likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force. 

(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or 

annoyance to Z, he uses criminal force to Z. 

130. Assault.—Whoever makes any gesture, or any preparation intending or knowing it to be likely 
that  such  gesture  or  preparation  will  cause  any  person  present  to  apprehend  that  he  who  makes  that 
gesture or preparation is about to use criminal force to that person, is said to commit an assault. 

Explanation.—Mere words do not amount to an assault. But the words which a person uses may give 
to his gestures or preparation such a meaning as may make those gestures or preparations amount to an 
assault. 

Illustrations. 

(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe 

that A is about to strike Z. A has committed an assault. 

(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may 
thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon 
Z. 

(c)  A  takes  up  a  stick,  saying  to  Z,  “I  will  give  you  a  beating”.  Here,  though  the  words  used  by  A 
could  in  no  case  amount  to  an  assault,  and  though  the  mere  gesture,  unaccompanied  by  any  other 
circumstances,  might  not  amount  to  an  assault,  the  gesture  explained  by  the  words  may  amount  to  an 
assault. 

131. Punishment for assault or criminal force otherwise than on grave provocation.—Whoever 
assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by 
that person, shall be punished with imprisonment of either description for a term which may extend to 
three months, or with fine which may extend to one thousand rupees, or with both. 

Explanation 1.—Grave and sudden provocation will not mitigate the punishment for an offence under 

this section,— 

(a)  if  the  provocation  is  sought  or  voluntarily  provoked  by  the  offender  as  an  excuse  for  the 

offence; or 

(b) if the provocation is given by anything done in obedience to the law, or by a public servant, in 

the lawful exercise of the powers of such public servant; or 

(c)  if  the  provocation  is  given  by  anything  done  in  the  lawful  exercise  of  the  right  of  private 

defence. 

Explanation 2.—Whether the provocation was grave and sudden enough to mitigate the offence, is a 

question of fact. 

132.  Assault  or  criminal  force  to  deter  public  servant  from  discharge  of  his  duty.—Whoever 
assaults or uses criminal force to any person being a public servant in the execution of his duty as such 
public  servant,  or  with  intent  to  prevent  or  deter  that  person  from  discharging  his  duty  as  such  public 
servant,  or  in  consequence  of  anything  done  or  attempted  to  be  done  by  such  person  in  the  lawful 
discharge of his duty as such public servant, shall be punished with imprisonment of either description for 
a term which may extend to two years, or with fine, or with both. 

133.  Assault  or  criminal  force  with  intent  to  dishonour  person,  otherwise  than  on  grave 
provocation.—Whoever  assaults  or  uses  criminal  force  to  any  person,  intending  thereby  to  dishonour 
that person, otherwise than on grave and sudden provocation given by that person, shall be punished with 
imprisonment of either description for a term which may extend to two years, or with fine, or with both. 

54 

 
134.  Assault  or  criminal  force  in  attempt  to  commit  theft  of  property  carried  by  a  person.—
Whoever  assaults  or  uses  criminal  force  to  any  person,  in  attempting  to  commit  theft  on  any  property 
which that person is then wearing or carrying, shall be punished with imprisonment of either description 
for a term which may extend to two years, or with fine, or with both. 

135. Assault or criminal force in attempt to wrongfully confine a person.—Whoever assaults or 
uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with 
imprisonment  of  either  description  for  a  term  which  may  extend  to  one  year,  or  with  fine  which  may 
extend to five thousand rupees, or with both. 

136. Assault or criminal force on grave provocation.—Whoever assaults or uses criminal force to 
any  person  on  grave  and  sudden  provocation  given  by  that  person,  shall  be  punished  with  simple 
imprisonment for a term which may extend to one month, or with fine which may extend to one thousand 
rupees, or with both. 

Explanation.—This section is subject to the same Explanation as section 131.  

Of kidnapping, abduction, slavery and forced labour 

137.  Kidnapping.—(1)  Kidnapping  is  of  two  kinds:  kidnapping  from  India,  and  kidnapping  from 

lawful guardianship— 

(a) whoever conveys any person beyond the limits of India without the consent of that person, or 
of some person legally authorised to consent on behalf of that person, is said to kidnap that person 
from India; 

(b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the 
lawful guardian of such child or person of unsound mind, without the consent of such guardian, is 
said to kidnap such child or person from lawful guardianship. 

Explanation.—The words “lawful guardian” in this clause include any person lawfully entrusted 

with the care or custody of such child or other person. 

Exception.—This  clause  does  not  extend  to  the  act  of  any  person  who  in  good  faith  believes 
himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to 
the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. 

(2)  Whoever  kidnaps  any  person  from  India  or  from  lawful  guardianship  shall  be  punished  with 
imprisonment of either description for a term which may extend to seven years, and shall also be liable to 
fine. 

138. Abduction.—Whoever by force compels, or by any deceitful means induces, any person to go 

from any place, is said to abduct that person. 

139. Kidnapping or maiming a child for purposes of begging.—(1) Whoever kidnaps any child or, 
not being the lawful guardian of such child, obtains the custody of the child, in order that such child may 
be employed or used for the purposes of begging shall be punishable  with rigorous imprisonment for a 
term which shall not be less than ten years but which may extend to imprisonment for life, and shall also 
be liable to fine. 

(2) Whoever maims any child in order that such child may be employed or used for the purposes of 
begging shall be punishable with imprisonment which shall not be less than twenty years, but which may 
extend  to  life  which  shall  mean  imprisonment  for  the  remainder  of  that  person’s  natural  life,  and  with 
fine. 

(3)  Where  any  person,  not  being  the  lawful  guardian  of  a child  employs  or  uses  such child for the 
purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise 
obtained the custody of such child in order that such child might be employed or used for the purposes of 
begging. 

(4) In this section “begging” means— 

55 

 
(i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, 

fortune telling, performing tricks or selling articles or otherwise; 

(ii) entering on any private premises for the purpose of soliciting or receiving alms; 

(iii)  exposing  or  exhibiting,  with  the  object  of  obtaining  or  extorting  alms,  any  sore,  wound, 

injury, deformity or disease, whether of himself or of any other person or of an animal; 

(iv) using such child as an exhibit for the purpose of soliciting or receiving alms. 

140. Kidnapping or abducting in order to murder or for ransom, etc.—(1) Whoever kidnaps or 
abducts any person in order that such person may be murdered or may be so disposed of as to be put in 
danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a 
term which may extend to ten years, and shall also be liable to fine. 

Illustrations. 

(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A 

has committed the offence defined in this section. 

(b)  A  forcibly  carries  or  entices  B  away  from  his  home  in  order  that  B  may  be  murdered.  A  has 

committed the offence defined in this section. 

(2) Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or 
abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable 
apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order 
to compel the Government or any foreign State or international inter-governmental organisation or any 
other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or 
imprisonment for life, and shall also be liable to fine. 

(3)  Whoever  kidnaps  or  abducts  any  person  with  intent  to  cause  that  person  to  be  secretly  and 
wrongfully  confined,  shall  be  punished  with  imprisonment  of  either  description  for  a  term  which  may 
extend to seven years, and shall also be liable to fine. 

(4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so 
disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust 
of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be 
punished with imprisonment of either description for a term which may extend to ten years, and shall also 
be liable to fine. 

141.  Importation  of  girl  or  boy  from  foreign  country.—Whoever  imports  into  India  from  any 
country  outside  India any  girl  under  the age  of  twenty-one  years  or  any  boy  under the  age  of eighteen 
years  with  intent that  girl or  boy  may  be,  or  knowing  it  to be likely  that  girl  or  boy  will  be,  forced  or 
seduced  to  illicit  intercourse  with  another  person,  shall  be  punishable  with  imprisonment  which  may 
extend to ten years and shall also be liable to fine. 

142.  Wrongfully  concealing  or  keeping  in  confinement,  kidnapped  or  abducted  person.—
Whoever,  knowing  that  any  person  has  been  kidnapped  or  has  been  abducted,  wrongfully  conceals  or 
confines  such  person,  shall  be  punished  in  the  same  manner  as  if  he  had  kidnapped  or  abducted  such 
person  with  the  same  intention  or  knowledge,  or  for  the  same  purpose  as  that  with  or  for  which  he 
conceals or detains such person in confinement. 

143.  Trafficking  of  person.—(1)  Whoever,  for  the  purpose  of  exploitation  recruits,  transports, 

harbours, transfers, or receives a person or persons, by— 

(a) using threats; or 

(b) using force, or any other form of coercion; or 

(c) by abduction; or 

(d) by practising fraud, or deception; or 

(e) by abuse of power; or 

56 

 
(f) by inducement, including the giving or receiving of payments or benefits, in order to achieve 
the  consent  of  any  person  having  control  over  the  person  recruited,  transported,  harboured, 
transferred or received,  

commits the offence of trafficking. 

Explanation 1.—The expression  “exploitation” shall include any act of physical exploitation or 
any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced 
removal of organs. 

Explanation  2.—The  consent  of  the  victim  is  immaterial  in  determination  of  the  offence  of 

trafficking. 

(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a 
term which shall not be less than seven years, but which may extend to ten years, and shall also be liable 
to fine. 

(3) Where the offence involves the trafficking of more than one person, it shall be punishable with 
rigorous  imprisonment  for  a  term  which  shall  not  be  less  than  ten  years  but  which  may  extend  to 
imprisonment for life, and shall also be liable to fine. 

(4)  Where  the  offence  involves  the  trafficking  of  a  child,  it  shall  be  punishable  with  rigorous 
imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment 
for life, and shall also be liable to fine. 

(5)  Where  the  offence  involves  the  trafficking  of  more  than  one  child,  it  shall  be  punishable  with 
rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to 
imprisonment for life, and shall also be liable to fine. 

(6) If a person is convicted of the offence of trafficking of a child on more than one occasion, then 
such  person  shall  be  punished  with  imprisonment  for  life,  which  shall  mean  imprisonment  for  the 
remainder of that person’s natural life, and shall also be liable to fine. 

(7) When a public servant or a police officer is involved in the trafficking of any person then, such 
public  servant  or  police  officer  shall  be  punished  with  imprisonment  for  life,  which  shall  mean 
imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. 

144. Exploitation of a trafficked person.—(1) Whoever, knowingly or having reason to believe that 
a child has been trafficked, engages such child for sexual exploitation in any manner, shall be punished 
with rigorous imprisonment for a term which shall not be less than five years, but which may extend to 
ten years, and shall also be liable to fine. 

(2) Whoever, knowingly or having reason to believe that a person has been trafficked, engages such 
person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term 
which shall not be less than three years, but which may extend to seven years, and shall also be liable to 
fine. 

145. Habitual dealing in slaves.—Whoever habitually imports, exports, removes, buys, sells, traffics 
or  deals  in  slaves,  shall  be  punished  with  imprisonment  for  life,  or  with  imprisonment  of  either 
description for a term not exceeding ten years, and shall also be liable to fine. 

146. Unlawful compulsory labour.—Whoever unlawfully compels any person to labour against the 
will  of  that  person,  shall  be  punished  with  imprisonment  of  either  description  for  a  term  which  may 
extend to one year, or with fine, or with both. 

CHAPTER VII 

OF OFFENCES AGAINST THE STATE 

147.  Waging,  or  attempting  to  wage  war,  or  abetting  waging  of  war,  against  Government  of 
India.—Whoever wages war against the Government of India, or attempts to wage such war, or abets the 
waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine. 

57 

 
 
Illustration. 

A joins an insurrection against the Government of India. A has committed the offence defined in this 

section. 

148. Conspiracy to commit offences punishable by section 147.—Whoever within or without and 
beyond  India  conspires  to  commit  any  of  the  offences  punishable  by  section  147,  or  conspires  to 
overawe, by means of criminal force or the show of criminal force, the Central Government or any State 
Government,  shall  be  punished  with  imprisonment  for  life,  or  with  imprisonment  of  either  description 
which may extend to ten years, and shall also be liable to fine. 

Explanation.—To constitute a conspiracy under this section, it is not necessary that any act or illegal 

omission shall take place in pursuance thereof. 

149.  Collecting  arms,  etc.,  with  intention  of  waging  war  against  Government  of  India.—
Whoever  collects  men,  arms  or  ammunition  or  otherwise  prepares  to  wage  war  with  the  intention  of 
either  waging  or  being  prepared  to  wage  war  against  the  Government  of  India,  shall  be  punished  with 
imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall 
also be liable to fine. 

150.  Concealing  with  intent  to  facilitate  design  to  wage  war.—Whoever  by  any  act,  or  by  any 
illegal  omission,  conceals  the  existence  of  a  design  to  wage  war  against  the  Government  of  India, 
intending  by  such  concealment  to  facilitate,  or  knowing  it  to  be  likely  that  such  concealment  will 
facilitate, the waging of such war, shall be punished with  imprisonment of either description for a term 
which may extend to ten years, and shall also be liable to fine. 

151.  Assaulting  President,  Governor,  etc.,  with  intent  to  compel  or  restrain  exercise  of  any 
lawful  power.—Whoever,  with  the  intention  of  inducing  or  compelling  the  President  of  India,  or 
Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of 
such  President  or  Governor,  assaults  or  wrongfully  restrains,  or  attempts  wrongfully  to  restrain,  or 
overawes,  by  means  of  criminal  force  or  the  show  of  criminal  force,  or  attempts  so  to  overawe,  such 
President or Governor, shall be punished with imprisonment of either description for a term which may 
extend to seven years, and shall also be liable to fine. 

152.  Act  endangering  sovereignty,  unity  and  integrity  of  India.—Whoever,  purposely  or 
knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic 
communication  or  by  use  of  financial  mean,  or  otherwise,  excites  or  attempts  to  excite,  secession  or 
armed  rebellion  or  subversive  activities,  or  encourages  feelings  of  separatist  activities  or  endangers 
sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with 
imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to 
fine. 

Explanation.—Comments  expressing  disapprobation  of  the  measures,  or  administrative  or  other 
action  of  the  Government  with  a  view  to  obtain  their  alteration  by  lawful  means  without  exciting  or 
attempting  to  excite  the  activities  referred  to  in  this  section  do  not  constitute  an  offence  under  this 
section. 

153.  Waging  war  against  Government  of  any  foreign  State  at  peace  with  Government  of 
India.—Whoever wages war against the Government of any foreign State at peace with the Government 
of  India  or  attempts  to  wage  such  war,  or  abets  the  waging  of  such  war,  shall  be  punished  with 
imprisonment for life, to which fine may be added, or with imprisonment of either description for a term 
which may extend to seven years, to which fine may be added, or with fine. 

154.  Committing  depredation  on  territories  of  foreign  State  at  peace  with  Government  of 
India.—Whoever commits depredation, or makes preparations to commit depredation, on the territories 
of  any  foreign  State  at  peace  with  the  Government  of  India,  shall  be  punished  with  imprisonment  of 
either  description  for  a  term  which  may  extend  to  seven  years,  and  shall  also  be  liable  to  fine  and  to 
forfeiture  of  any  property  used  or  intended  to  be  used  in  committing  such  depredation,  or  acquired  by 
such depredation. 

58 

 
155.  Receiving  property  taken  by  war  or  depredation  mentioned  in  sections  153  and  154.—
Whoever receives any property knowing the same to have been taken in the commission of any of the 
offences mentioned in sections 153 and 154, shall be punished with imprisonment of either description 
for  a  term  which  may  extend  to  seven  years,  and  shall  also  be  liable  to  fine  and  to  forfeiture  of  the 
property so received. 

156. Public servant voluntarily allowing prisoner of State or war to escape.—Whoever, being a 
public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such 
prisoner  to  escape  from  any  place  in  which  such  prisoner  is  confined,  shall  be  punished  with 
imprisonment for life, or imprisonment of either description for a term which may extend to ten years, 
and shall also be liable to fine. 

157.  Public  servant  negligently  suffering  such  prisoner  to  escape.—Whoever,  being  a  public 
servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner 
to  escape  from  any  place  of  confinement  in  which  such  prisoner  is  confined,  shall  be  punished  with 
simple imprisonment for a term which may extend to three years, and shall also be liable to fine. 

158. Aiding escape of, rescuing or harbouring such prisoner.—Whoever knowingly aids or assists 
any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue 
any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or 
offers  or  attempts  to  offer  any  resistance  to  the  recapture  of  such  prisoner,  shall  be  punished  with 
imprisonment  for  life,  or  with  imprisonment  of  either  description  for  a  term  which  may  extend  to  ten 
years, and shall also be liable to fine. 

Explanation.—A State prisoner or prisoner of war, who is permitted to be at large on his parole 
within  certain  limits  in  India,  is  said  to  escape  from  lawful  custody  if  he  goes  beyond  the  limits 
within which he is allowed to be at large. 

CHAPTER VIII 

OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE 

159.  Abetting  mutiny,  or  attempting  to  seduce  a  soldier,  sailor  or  airman  from  his  duty.—
Whoever abets the committing of  mutiny by an officer, soldier, sailor or airman, in the Army, Navy or 
Air  Force  of the  Government  of  India  or  attempts  to  seduce  any  such  officer,  soldier,  sailor  or  airman 
from  his allegiance  or  his duty,  shall  be  punished  with imprisonment  for life,  or  with imprisonment  of 
either description for a term which may extend to ten years, and shall also be liable to fine. 

160.  Abetment  of  mutiny,  if  mutiny  is  committed  in  consequence  thereof.—Whoever  abets  the 
committing  of  mutiny  by  an  officer,  soldier,  sailor  or  airman,  in  the  Army,  Navy  or  Air  Force  of  the 
Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with 
death or with imprisonment for life, or imprisonment of either description for a term which may extend to 
ten years, and shall also be liable to fine. 

161. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution 
of his office.—Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air 
Force of the Government of India, on any superior officer being in the execution of his office, shall be 
punished with imprisonment of either description for a term which may extend to three years, and shall 
also be liable to fine. 

162.  Abetment  of  such  assault,  if  assault  committed.—Whoever  abets  an  assault  by  an  officer, 
soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior 
officer  being  in  the  execution  of  his  office,  shall,  if  such  assault  be  committed  in  consequence  of  that 
abetment  be  punished  with  imprisonment  of  either  description  for  a  term  which  may  extend  to  seven 
years, and shall also be liable to fine. 

163.  Abetment  of  desertion  of  soldier,  sailor  or  airman.—Whoever  abets  the  desertion  of  any 
officer, soldier, sailor or airman, in the Army, Navy  or Air Force of the Government of India, shall be 
punished with imprisonment of either description for a term which may extend to two years, or with fine, 
or with both. 

59 

 
164. Harbouring deserter.—Whoever, except as hereinafter excepted, knowing or having reason to 
believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of 
India, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment 
of either description for a term which may extend to two years, or with fine or with both. 

Exception.—This provision does not extend to the case in which the harbour is given by the spouse of 

the deserter. 

165. Deserter concealed on board merchant vessel through negligence of master.—The master or 
person in charge of a merchant vessel, on board of which any deserter from the Army, Navy or Air Force 
of  the  Government  of  India  is  concealed,  shall,  though  ignorant  of  such  concealment,  be  liable  to  a 
penalty not exceeding three thousand rupees, if he might have known of such concealment but for some 
neglect of his duty as such master or person in charge, or but for some want of discipline on board of the 
vessel. 

166. Abetment of act of insubordination by soldier, sailor or airman.—Whoever abets what he 
knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air 
Force, of the Government of India, shall, if such act of insubordination be committed in consequence  of 
that abetment, be punished with imprisonment of either description for a term which may extend to two 
years, or with fine, or with both. 

167. Persons subject to certain Acts.—No person subject to the Air Force Act, 1950 (45 of 1950), 
the Army Act, 1950 (46 of 1950) and the Navy Act, 1957 (62 of 1957), or shall be subject to punishment 
under this Sanhita for any of the offences defined in this Chapter. 

168. Wearing garb or carrying token used by soldier, sailor or airman.—Whoever, not being a 
soldier, sailor or airman in the Army, Naval or Air service of the Government of India, wears any garb or 
carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention 
that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of 
either description for a term which may extend to three months, or with fine which may extend to two 
thousand rupees, or with both. 

CHAPTER IX 

OF OFFENCES RELATING TO ELECTIONS 

169. Candidate, electoral right defined.—For the purposes of this Chapter— 

(a) “candidate” means a person who has been nominated as a candidate at any election; 

(b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from 

being, a candidate or to vote or refrain from voting at an election. 

170. Bribery.—(1) Whoever— 

(i)  gives  a  gratification  to  any  person  with  the  object  of  inducing  him  or  any  other  person  to 

exercise any electoral right or of rewarding any person for having exercised any such right; or 

(ii) accepts either for himself or for any other person any gratification as a reward for exercising 

any such right or for inducing or attempting to induce any other person to exercise any such right, 

commits the offence of bribery: 

Provided  that  a  declaration  of  public  policy  or  a  promise  of  public  action  shall  not  be  an  offence 

under this section. 

(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be 

deemed to give a gratification. 

(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to 
accept a gratification, and a person who accepts a gratification as a motive for doing what he does not 
intend  to  do,  or  as  a  reward  for  doing  what  he  has  not  done,  shall  be  deemed  to  have  accepted  the 
gratification as a reward. 

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171. Undue influence at elections.—(1) Whoever voluntarily interferes or attempts to interfere with 

the free exercise of any electoral right commits the offence of undue influence at an election. 

(2) Without prejudice to the generality of the provisions of sub-section (1), whoever— 

(a) threatens  any  candidate  or  voter,  or  any  person  in  whom  a  candidate  or  voter  is interested, 

with injury of any kind; or 

(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he 

is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, 

shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within 
the meaning of sub-section (1). 

(3) A declaration of public policy or a promise of public action or the mere exercise or a legal right 
without  intent  to  interfere  with  an  electoral  right,  shall  not  be  deemed  to  be  interference  within  the 
meaning of this section. 

172. Personation  at  elections.—Whoever at an  election  applies  for  a  voting  paper  on  votes  in  the 
name of any other person, whether living or dead, or in a fictitious name, or who having voted once at 
such  election  applies  at  the  same  election  for  a  voting  paper  in  his  own  name,  and  whoever  abets, 
procures  or  attempts  to  procure  the  voting  by  any  person  in  any  such  way,  commits  the  offence  of 
personation at an election: 

Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy 

for an elector under any law for the time being in force in so far as he votes as a proxy for such elector. 

173.  Punishment  for  bribery.—Whoever  commits  the  offence  of  bribery  shall  be  punished  with 

imprisonment of either description for a term which may extend to one year, or with fine, or with both: 

Provided that bribery by treating shall be punished with fine only. 

Explanation.—“Treating” means that form of bribery where the gratification consists in food, drink, 

entertainment, or provision. 

174.  Punishment  for  undue  influence  or  personation  at  an  election.—Whoever  commits  the 
offence of undue influence or personation at an election shall be punished with imprisonment of either 
description for a term which may extend to one year or with fine, or with both. 

175. False statement in connection with an election.—Whoever with intent to affect the result of 
an  election  makes  or  publishes  any  statement  purporting  to  be  a  statement  of  fact  which  is  false  and 
which he either knows or believes to be false or does not believe to be true, in relation to the personal 
character or conduct of any candidate shall be punished with fine. 

176.  Illegal  payments  in  connection  with  an  election.—Whoever  without  the  general  or  special 
authority in writing of a candidate incurs or authorises expenses on account of the holding of any public 
meeting,  or  upon  any  advertisement,  circular  or  publication,  or  in  any  other  way  whatsoever  for  the 
purpose of promoting or procuring the election of such candidate, shall be punished with fine which may 
extend to ten thousand rupees: 

Provided  that  if  any  person  having  incurred  any  such  expenses  not  exceeding  the  amount  of  ten 
rupees without authority obtains within ten days from the date on which such expenses were incurred the 
approval  in  writing  of  the  candidate,  he  shall  be  deemed  to  have  incurred  such  expenses  with  the 
authority of the candidate. 

177. Failure to keep election accounts.—Whoever being required by any law for the time being in 
force or any rule having the force of law to keep accounts of expenses incurred at or in connection with 
an  election fails  to  keep  such  accounts  shall  be  punished  with fine  which  may  extend  to  five  thousand 
rupees. 

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CHAPTER X 

OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS 

178.  Counterfeiting  coin,  Government  stamps,  currency-notes  or  bank-notes.—Whoever 
counterfeits, or knowingly performs any part of the process of counterfeiting, any coin,  stamp issued by 
Government  for  the  purpose  of  revenue,  currency-note  or  bank-note,  shall  be  punished  with 
imprisonment  for  life,  or  with  imprisonment  of  either  description  for  a  term  which  may  extend  to  ten 
years, and shall also be liable to fine. 

Explanation.—For the purposes of this Chapter,— 

(1)  the  expression  “bank-note”  means  a  promissory  note  or  engagement  for  the  payment  of 
money to bearer on demand issued by any person carrying on the business of banking in any part of 
the world, or issued by or under the authority of any State or Sovereign Power, and intended to be 
used as equivalent to, or as a substitute for money; 

(2) “coin” shall have the same  meaning as assigned to it  in section 2 of the Coinage Act, 2011 
(11 of 2011) and includes metal used for the time being as money and is stamped and issued by or 
under the authority of any State or Sovereign Power intended to be so used; 

(3)  a  person  commits  the  offence  of  “counterfeiting  Government  stamp”  who  counterfeits  by 
causing  a  genuine  stamp  of  one  denomination  to  appear  like  a  genuine  stamp  of  a  different 
denomination; 

(4) a person commits the offence of counterfeiting coin who intending to practise deception, or 
knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a 
different coin; and 

(5)  the  offence  of  “counterfeiting  coin”  includes  diminishing  the  weight  or  alteration  of  the 

composition, or alteration of the appearance of the coin. 

179. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-
notes.—Whoever imports or exports, or sells or delivers to, or buys or receives from, any other person, or 
otherwise traffics or uses as genuine, any forged or counterfeit coin, stamp, currency-note or bank-note, 
knowing  or  having  reason  to  believe  the  same  to  be  forged  or  counterfeit,  shall  be  punished  with 
imprisonment  for  life,  or  with  imprisonment  of  either  description  for  a  term  which  may  extend  to  ten 
years, and shall also be liable to fine. 

180.  Possession  of  forged  or  counterfeit  coin,  Government  stamp,  currency-notes  or  bank-
notes.—Whoever has in his possession any forged or counterfeit coin, stamp, currency-note or bank-note, 
knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as 
genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a 
term which may extend to seven years, or with fine, or with both. 

Explanation.—If  a  person  establishes  the  possession  of  the  forged  or  counterfeit  coin,  stamp, 
currency-note  or  bank-note  to  be  from  a  lawful  source,  it  shall  not  constitute  an  offence  under  this 
section. 

181.  Making  or  possessing  instruments  or  materials  for  forging  or  counterfeiting  coin, 
Government stamp, currency-notes or bank-notes.—Whoever makes or mends, or performs any part 
of  the  process  of  making  or  mending,  or  buys  or  sells  or  disposes  of,  or  has  in  his  possession,  any 
machinery, die, or instrument or material for the purpose of being used, or knowing or having reason to 
believe that it is intended to be used, for forging or counterfeiting any coin, stamp issued by Government 
for the purpose of revenue, currency-note or bank-note, shall be punished with imprisonment for life, or 
with imprisonment of either description for a term which may extend to ten years, and shall also be liable 
to fine. 

182.  Making  or  using  documents  resembling  currency-notes  or  bank-notes.—(1)  Whoever 
makes,  or  causes  to  be  made,  or  uses  for  any  purpose  whatsoever,  or  delivers  to  any  person,  any 
document  purporting  to  be,  or  in  any  way  resembling,  or  so  nearly  resembling  as  to  be  calculated  to 

62 

 
deceive, any currency-note or bank-note shall be punished with fine which may extend to three hundred 
rupees. 

(2)  If  any  person,  whose  name  appears  on  a  document  the  making  of  which  is  an  offence  under                

sub-section (1), refuses,  without  lawful  excuse,  to  disclose  to  a  police  officer  on  being  so  required  the 
name and address of the person by whom it was printed or otherwise made, he shall be punished with fine 
which may extend to six hundred rupees. 

(3)  Where  the  name  of  any  person  appears  on  any  document  in  respect  of  which  any  person  is 
charged with an offence under sub-section (1) or on any other document used or distributed in connection 
with that document it may, until the contrary is proved, be presumed that the person caused the document 
to be made. 

183. Effacing writing from substance bearing Government stamp, or removing from document 
a stamp used for it, with intent to cause loss to Government.—Whoever, fraudulently or with intent to 
cause  loss  to  the  Government,  removes  or  effaces  from  any  substance,  bearing  any  stamp  issued  by 
Government for the purpose of revenue, any writing or document for which such stamp has been used, or 
removes from any writing or document a stamp which has been used for such writing or document, in 
order  that  such  stamp  may  be  used  for  a  different  writing  or  document,  shall  be  punished  with 
imprisonment of either description for a term which may extend to three years, or with fine, or with both. 

184. Using Government stamp known to have been before used.—Whoever, fraudulently or with 
intent  to  cause  loss  to  the  Government,  uses  for  any  purpose  a  stamp  issued  by  Government  for  the 
purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of 
either description for a term which may extend to two years, or with fine, or with both. 

185. Erasure of mark denoting that stamp has been used.—Whoever, fraudulently or with intent 
to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of 
revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been 
used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark 
has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, 
shall be punished with imprisonment of either description for a term which may extend to three years, or 
with fine, or with both. 

186. Prohibition of fictitious stamps.—(1) Whoever— 

(a)  makes,  knowingly  utters,  deals  in  or  sells  any  fictitious  stamp,  or  knowingly  uses  for  any 

postal purpose any fictitious stamp; or 

(b) has in his possession, without lawful excuse, any fictitious stamp; or 

(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials 

for making any fictitious stamp, 

shall be punished with fine which may extend to two hundred rupees. 

(2) Any such stamp, die, plate, instrument or materials in the possession of any person for making 

any fictitious stamp may be seized and, if seized shall be forfeited. 

(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government 
for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on 
paper or otherwise, of any stamp issued by Government for that purpose. 

(4)  In  this  section  and  also  in  sections  178  to  181  (both  inclusive),  and  sections  183  to  185  (both 
inclusive) the word “Government”, when used in connection with, or in reference to any stamp issued for 
the purpose of denoting a rate of postage, shall, notwithstanding anything in clause (12) of section 2, be 
deemed to include the person or persons authorised by law to administer executive Government in any 
part of India or in any foreign country. 

187. Person employed in mint causing coin to be of different weight or composition from that 
fixed  by  law.—Whoever,  being  employed  in  any  mint  lawfully  established  in  India,  does  any  act,  or 
omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of 

63 

 
a different weight or composition from the weight or composition fixed by law, shall be punished with 
imprisonment of either description for a term which may extend to seven years, and shall also be liable to 
fine. 

188. Unlawfully taking coining instrument from mint.—Whoever, without lawful authority, takes 
out  of  any  mint,  lawfully  established  in  India,  any  coining  tool  or  instrument,  shall  be  punished  with 
imprisonment of either description for a term which may extend to seven years, and shall also be liable to 
fine. 

CHAPTER XI 

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY 

189.  Unlawful  assembly.—(1)  An  assembly  of  five  or  more  persons  is  designated  an  “unlawful 

assembly”, if the common object of the persons composing that assembly is— 

(a) to overawe by criminal force, or show of criminal force, the Central Government or any State 
Government or Parliament or the Legislature of any State, or any public servant in the exercise of the 
lawful power of such public servant; or 

(b) to resist the execution of any law, or of any legal process; or 

(c) to commit any mischief or criminal trespass, or other offence; or 

(d)  by  means  of  criminal  force,  or  show  of  criminal  force,  to  any  person,  to  take  or  obtain 
possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use 
of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right 
or supposed right; or 

(e) by means of criminal force, or show of criminal force, to compel any person to do what he is 

not legally bound to do, or to omit to do what he is legally entitled to do. 

Explanation.—An assembly which was not unlawful when it assembled, may subsequently become 

an unlawful assembly. 

(2) Whoever,  being  aware of  facts  which render  any  assembly  an  unlawful assembly,  intentionally 
joins that assembly, or continues in it, is said to be a member of an unlawful assembly and such member 
shall be punished with imprisonment of either description for a term which may extend to six months, or 
with fine, or with both. 

(3) Whoever joins or continues in an unlawful assembly,  knowing that such unlawful assembly has 
been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of 
either description for a term which may extend to two years, or with fine, or with both. 

(4)  Whoever,  being  armed  with  any  deadly  weapon,  or  with  anything  which,  used  as  a  weapon  of 
offence,  is  likely  to  cause  death,  is  a  member  of  an  unlawful  assembly,  shall  be  punished  with 
imprisonment of either description for a term which may extend to two years, or with fine, or with both. 

(5) Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a 
disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be 
punished  with  imprisonment  of  either  description  for  a  term  which  may  extend  to  six  months,  or  with 
fine, or with both. 

Explanation.—If  the  assembly  is  an  unlawful  assembly  within  the  meaning  of  sub-section  (1),  the 

offender shall be punishable under sub-section (3). 

(6)  Whoever  hires  or  engages,  or  employs,  or  promotes,  or  connives  at  the  hiring,  engagement  or 
employment of any person to join or become a member of any unlawful assembly, shall be punishable as 
a member of such unlawful assembly, and for any offence which may be committed by any such person 
as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the 
same  manner  as  if  he  had  been  a  member  of  such  unlawful  assembly,  or  himself  had  committed  such 
offence. 

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(7) Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, 
or under his control any persons knowing that such persons have been hired, engaged or employed, or are 
about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be 
punished  with  imprisonment  of  either  description  for  a  term  which  may  extend  to  six  months,  or  with 
fine, or with both. 

(8) Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing 
any of the acts specified in sub-section (1), shall be punished with imprisonment of either description for 
a term which may extend to six months, or with fine, or with both. 

(9) Whoever, being so engaged or hired as referred to in sub-section (8), goes armed, or engages or 
offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely 
to cause death, shall be punished with imprisonment of either description for a term which may extend to 
two years, or with fine, or with both. 

190.  Every  member  of  unlawful  assembly  guilty  of  offence  committed  in  prosecution  of 
common object.—If an offence is committed by any member of an unlawful assembly in prosecution of 
the common object of that assembly, or such as the members of that assembly knew to be likely to be 
committed in prosecution of that object, every person who, at the time of the committing of that offence, 
is a member of the same assembly, is guilty of that offence. 

191. Rioting.—(1) Whenever force or violence is used by an unlawful assembly, or by any member 
thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty 
of the offence of rioting. 

(2) Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term 

which may extend to two years, or with fine, or with both. 

(3) Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a 
weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for 
a term which may extend to five years, or with fine, or with both. 

192.  Wantonly  giving  provocation  with  intent  to  cause  riot-if  rioting  be  committed;  if  not 
committed.—Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to 
any person intending or knowing it to be likely that such provocation will cause the offence of rioting to 
be  committed,  shall,  if  the  offence  of  rioting  be  committed  in  consequence  of  such  provocation,  be 
punished with imprisonment of either description for a term which may extend to one year, or with fine, 
or with both; and if the offence of rioting be not committed, with imprisonment of either description for a 
term which may extend to six months, or with fine, or with both. 

193.  Liability  of  owner,  occupier,  etc.,  of  land  on  which  an  unlawful  assembly  or  riot  takes 
place.—(1) Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon 
which such unlawful assembly is held, or such riot is committed, and any person having or claiming an 
interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent 
or manager, knowing that such offence is being or has been committed, or having reason to believe it is 
likely to be committed, do not give the earliest notice thereof in his or their power to the officer in charge 
at the nearest police station, and do not, in the case of his or their having reason to believe that it was 
about  to  be  committed,  use  all  lawful  means in  his  or their  power to  prevent  it and, in  the  event  of its 
taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful 
assembly. 

(2)  Whenever  a  riot  is  committed  for  the  benefit  or  on  behalf  of  any  person  who  is  the  owner  or 
occupier of any land respecting which such riot takes place or who claims any interest in such land, or in 
the  subject  of  any  dispute  which  gave  rise  to  the  riot,  or  who  has  accepted  or  derived  any  benefit 
therefrom,  such  person  shall  be  punishable  with  fine,  if  he  or  his  agent  or  manager,  having  reason  to 
believe that such riot was likely to be committed or that the unlawful assembly by which such riot was 
committed  was  likely  to  be  held,  shall  not  respectively  use  all  lawful  means  in  his  or  their  power  to 
prevent such assembly or riot from taking place, and for suppressing and dispersing the same. 

65 

 
(3)  Whenever  a  riot  is  committed  for  the  benefit  or  on  behalf  of  any  person  who  is  the  owner  or 
occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in 
the  subject  of  any  dispute  which  gave  rise  to  the  riot,  or  who  has  accepted  or  derived  any  benefit 
therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, 
having  reason  to  believe  that  such  riot  was  likely  to  be  committed,  or  that  the  unlawful  assembly  by 
which  such  riot  was  committed  was  likely  to  be  held,  shall  not  use  all  lawful  means  in  his  power  to 
prevent such riot or assembly from taking place and for suppressing and dispersing the same. 

194. Affray.—(1) When two or more persons, by fighting in a public place, disturb the public peace, 

they are said to commit an affray. 

(2) Whoever commits an affray, shall be punished with imprisonment of either description for a term 

which may extend to one month, or with fine which may extend to one thousand rupees, or with both. 

195. Assaulting or obstructing public servant when suppressing riot, etc.—(1) Whoever assaults 
or obstructs any public servant or uses criminal force on any public servant in the discharge of his duty as 
such  public  servant  in  endeavouring  to  disperse  an  unlawful  assembly,  or  to  suppress  a  riot  or  affray, 
shall be punished with imprisonment of either description for a term which may extend to three years, or 
with fine which shall not be less than twenty-five thousand rupees, or with both. 

(2) Whoever threatens to assault or attempts to obstruct any public servant or threatens or attempts to 
use  criminal  force  to  any  public  servant  in  the  discharge  of  his  duty  as  such  public  servant  in 
endeavouring  to  disperse  an  unlawful  assembly,  or  to  suppress  a  riot  or  affray,  shall  be  punished  with 
imprisonment of either description for a term which may extend to one year, or with fine, or with both. 

196.  Promoting  enmity  between  different  groups  on  grounds  of  religion,  race,  place  of  birth, 

residence, language, etc., and doing acts prejudicial to maintenance of harmony.—(1) Whoever— 

(a)  by  words,  either  spoken  or  written,  or  by  signs  or  by  visible  representations  or  through 
electronic  communication  or  otherwise,  promotes  or  attempts  to  promote,  on  grounds  of  religion, 
race,  place  of  birth,  residence,  language,  caste  or  community  or  any  other  ground  whatsoever, 
disharmony  or  feelings  of  enmity,  hatred  or  ill-will  between  different  religious,  racial,  language  or 
regional groups or castes or communities; or 

(b)  commits  any  act  which  is  prejudicial  to  the  maintenance  of  harmony  between  different 
religious, racial, language or regional groups or castes or communities, and which disturbs or is likely 
to disturb the public tranquillity; or 

(c) organises any exercise, movement, drill or other similar activity intending that the participants 
in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that 
the participants in such activity will use or be trained to use criminal force or violence, or participates 
in such activity intending to use or be trained to use criminal force or violence or knowing it to be 
likely  that  the  participants in  such  activity  will use  or  be  trained to  use  criminal  force  or  violence, 
against any religious, racial, language or regional group or caste or community and such activity for 
any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst 
members of such religious, racial, language or regional group or caste or community, 

shall be punished with imprisonment which may extend to three years, or with fine, or with both. 

(2)  Whoever  commits  an  offence  specified  in  sub-section  (1)  in  any  place  of  worship  or  in  any 
assembly  engaged  in  the  performance  of  religious  worship  or  religious  ceremonies,  shall  be  punished 
with imprisonment which may extend to five years and shall also be liable to fine. 

197.  Imputations, assertions  prejudicial to  national integration.—(1)  Whoever,  by  words  either 
spoken  or  written  or  by  signs  or  by  visible  representations  or  through  electronic  communication  or 
otherwise,— 

(a) makes or publishes any imputation that any class of persons cannot, by reason of their being 
members of any religious, racial, language or regional group or caste or community, bear true faith 
and  allegiance  to  the  Constitution  of  India  as  by  law  established  or  uphold  the  sovereignty  and 
integrity of India; or 

66 

 
(b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of 
their being members of any religious, racial, language or regional group or caste or community, be 
denied, or deprived of their rights as citizens of India; or 

(c)  makes  or  publishes  any  assertion,  counsel,  plea  or  appeal  concerning  the  obligation  of  any 
class  of  persons,  by  reason  of  their  being  members  of  any  religious,  racial,  language  or  regional 
group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause 
disharmony or feelings of enmity or hatred or ill-will between such members and other persons; or 

(d) makes or publishes false or misleading information, jeopardising the sovereignty, unity and 

integrity or security of India, 

shall be punished with imprisonment which may extend to three years, or with fine, or with both. 

(2)  Whoever  commits  an  offence  specified  in  sub-section  (1)  in  any  place  of  worship  or  in  any 
assembly  engaged  in  the  performance  of  religious  worship  or  religious  ceremonies,  shall  be  punished 
with imprisonment which may extend to five years and shall also be liable to fine. 

CHAPTER XII 

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS 

198. Public servant disobeying law, with intent to cause injury to any person.—Whoever, being a 
public  servant,  knowingly  disobeys  any  direction  of  the  law  as  to  the  way  in  which  he  is  to  conduct 
himself  as  such  public  servant,  intending  to  cause,  or  knowing  it  to  be  likely  that  he  will  by  such 
disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which 
may extend to one year, or with fine, or with both. 

Illustration. 

A,  being  an  officer  directed  by  law  to  take  property  in  execution,  in  order  to  satisfy  a  decree 
pronounced in Z’s favour by a Court, knowingly disobeys that direction of law, with the knowledge that 
he is likely thereby to cause injury to Z. A has committed the offence defined in this section. 

199. Public servant disobeying direction under law.—Whoever, being a public servant,— 

(a)  knowingly  disobeys  any  direction  of  the  law  which  prohibits  him  from  requiring  the 
attendance at any place of any person for the purpose of investigation into an offence or any other 
matter; or 

(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating 

the manner in which he shall conduct such investigation; or 

(c)  fails  to  record  any  information  given  to  him  under  sub-section  (1)  of section  173 of  the 

Bharatiya  Nagarik  Suraksha  Sanhita,  2023  in  relation  to  cognizable  offence  punishable  under                    
section  64,  section  65,  section  66,  section  67,  section  68,  section  70,  section  71,  section  74,                  
section 76, section 77, section 79, section 124, section 143 or section 144, 

shall  be  punished  with  rigorous  imprisonment  for  a  term  which  shall  not  be  less  than  six  months  but 
which may extend to two years, and shall also be liable to fine. 

200. Punishment for non-treatment of victim.—Whoever, being in charge of a hospital, public or 
private, whether run by the Central Government, the State Government, local bodies or any other person, 
contravenes  the  provisions  of section  397 of  the  Bharatiya  Nagarik  Suraksha  Sanhita,  2023,  shall  be 
punished with imprisonment for a term which may extend to one year, or with fine, or with both. 

201.  Public  servant  framing  an  incorrect  document  with  intent  to  cause  injury.—Whoever, 
being a public servant, and being, as such public servant, charged with the preparation or translation of 
any document or electronic record, frames, prepares or translates that document or electronic record in a 
manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely 
that he may thereby cause injury to any person, shall be punished with imprisonment of either description 
for a term which may extend to three years, or with fine, or with both. 

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202.  Public  servant  unlawfully  engaging  in  trade.—Whoever,  being  a  public  servant,  and  being 
legally  bound  as  such  public  servant  not  to  engage  in  trade,  engages  in  trade,  shall  be  punished  with 
simple  imprisonment  for  a  term  which  may  extend  to  one  year,  or  with  fine,  or  with  both  or  with 
community service. 

203.  Public  servant  unlawfully  buying  or  bidding  for  property.—Whoever,  being  a  public 
servant,  and  being  legally  bound  as  such  public  servant,  not  to  purchase  or  bid  for  certain  property, 
purchases  or  bids  for  that property,  either in  his  own  name  or  in the  name  of  another,  or jointly,  or in 
shares  with  others,  shall  be  punished  with  simple  imprisonment  for  a  term  which  may  extend  to  two 
years, or with fine, or with both; and the property, if purchased, shall be confiscated. 

204.  Personating  a  public  servant.—Whoever  pretends  to  hold  any  particular  office  as  a  public 
servant, knowing that he does not hold such office or falsely personates any other person holding such 
office, and in such assumed character does or attempts to do any act under colour of such office, shall be 
punished with imprisonment of either description for a term which shall not be less than six months but 
which may extend to three years and with fine. 

205. Wearing garb or carrying token used by public servant with fraudulent intent.—Whoever, 
not belonging to a certain class of public servants, wears any garb or carries any token resembling any 
garb or token used by that class of public servants, with the intention that it may be believed, or with the 
knowledge  that  it  is  likely  to  be  believed,  that  he  belongs  to  that  class  of  public  servants,  shall  be 
punished with imprisonment of either description for a term which may extend to three months, or with 
fine which may extend to five thousand rupees, or with both. 

CHAPTER XIII 

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 

206. Absconding to avoid service of summons or other proceeding.—Whoever absconds in order 
to  avoid  being  served  with  a  summons,  notice  or  order  proceeding  from  any  public  servant  legally 
competent, as such public servant, to issue such summons, notice or order,— 

(a) shall be punished with simple imprisonment for a term which may extend to one month, or 

with fine which may extend to five thousand rupees, or with both; 

(b)  where  such  summons  or  notice  or  order  is  to  attend  in  person  or by  agent,  or to  produce a 
document or an electronic record in a Court shall be punished with simple imprisonment for a term 
which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. 

207. Preventing service of summons or other proceeding, or preventing publication thereof.—
Whoever  in  any  manner  intentionally  prevents  the  serving  on  himself,  or  on  any  other  person,  of  any 
summons, notice or order proceeding from any public servant legally competent, as such public servant, 
to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any 
such  summons,  notice  or  order  or  intentionally  removes  any  such  summons,  notice  or  order  from  any 
place  to  which  it  is  lawfully  affixed  or  intentionally  prevents  the  lawful  making  of  any  proclamation, 
under  the  authority  of  any  public  servant  legally  competent,  as  such  public  servant,  to  direct  such 
proclamation to be made,— 

(a) shall be punished with simple imprisonment for a term which may extend to one month, or 

with fine which may extend to five thousand rupees, or with both; 

(b)  where the  summons,  notice,  order or  proclamation  is  to  attend  in  person  or  by  agent,  or  to 
produce a document or electronic record in a Court, with simple imprisonment for a term which may 
extend to six months, or with fine which may extend to ten thousand rupees, or with both. 

208.  Non-attendance  in  obedience  to  an  order  from  public  servant.—Whoever,  being  legally 
bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, 
order, or proclamation proceeding from any public servant legally competent, as such public servant, to 
issue  the  same,  intentionally  omits  to attend  at that  place  or  time  or  departs from  the  place  where  he is 
bound to attend before the time at which it is lawful for him to depart,— 

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(a) shall be punished with simple imprisonment for a term which may extend to one month, or 

with fine which may extend to five thousand rupees, or with both; 

(b)  where  the  summons,  notice,  order  or  proclamation  is  to  attend  in  person  or  by  agent  in  a 
Court with simple imprisonment for a term which may extend to six months, or with fine which may 
extend to ten thousand rupees, or with both. 

Illustrations. 

(a) A, being legally bound to appear before a High Court, in obedience to a subpoena issuing from 

that Court, intentionally omits to appear. A has committed the offence defined in this section. 

(b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons 
issued by that District Judge intentionally omits to appear. A has committed the offence defined in this 
section. 

209.  Non-appearance  in  response  to  a  proclamation  under  section  84  of  Bharatiya  Nagarik 
Suraksha  Sanhita,  2023.—Whoever  fails  to  appear  at  the  specified  place  and  the  specified  time  as 
required  by  a  proclamation  published  under  sub-section  (1)  of section  84 of  the  Bharatiya  Nagarik 
Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years, 
or  with  fine,  or  with  both,  or  with  community  service,  and  where  a  declaration  has  been  made  under                 
sub-section  (4)  of  that  section  pronouncing  him  as  a  proclaimed  offender,  he  shall  be  punished  with 
imprisonment for a term which may extend to seven years and shall also be liable to fine. 

210.  Omission  to  produce  document  or  electronic  record  to  public  servant  by  person  legally 
bound  to  produce  it.—Whoever,  being  legally  bound  to  produce  or  deliver  up  any  document  or 
electronic  record  to  any  public  servant,  as  such,  intentionally  omits  so  to  produce  or  deliver  up  the                
same,— 

(a) shall be punished with simple imprisonment for a term  which may extend to one month, or 

with fine which may extend to five thousand rupees, or with both; 

(b) and where the document or electronic record is to be produced or delivered up to a Court with 
simple imprisonment for a term which may extend to six months, or with fine which may extend to 
ten thousand rupees, or with both. 

Illustration. 

A, being legally bound to produce a document before a District Court, intentionally omits to produce 

the same. A has committed the offence defined in this section. 

211. Omission to give notice or information to public servant by person legally bound to give 
it.—Whoever,  being  legally  bound  to  give  any  notice  or  to  furnish  information  on  any  subject  to  any 
public  servant,  as  such,  intentionally  omits  to  give  such  notice  or  to  furnish  such  information  in  the 
manner and at the time required by law,— 

(a) shall be punished with simple imprisonment for a term which may extend to one month, or 

with fine which may extend to five thousand rupees, or with both; 

(b) where the notice or information required to be given respects the commission of an offence, 
or  is  required  for  the  purpose  of  preventing  the  commission  of  an  offence,  or  in  order  to  the 
apprehension of an offender, with simple imprisonment for a term which may extend to six months, 
or with fine which may extend to ten thousand rupees, or with both; 

(c)  where  the  notice  or  information  required  to  be  given  is  required  by  an  order  passed 
under section  394 of  the  Bharatiya  Nagarik  Suraksha  Sanhita,  2023  with  imprisonment  of  either 
description  for  a  term  which  may  extend  to  six  months,  or  with  fine  which  may  extend  to  one 
thousand rupees, or with both. 

212. Furnishing false information.—Whoever, being legally bound to furnish information on any 
subject to any public servant, as such, furnishes, as true, information on the subject which he knows or 
has reason to believe to be false,— 

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(a) shall be punished with simple imprisonment for a term which may extend to six months, or 

with fine which may extend to five thousand rupees, or with both; 

(b)  where  the  information  which  he  is  legally  bound  to  give  respects  the  commission  of  an 
offence, or is required for the purpose of preventing the commission of an offence, or in order to the 
apprehension of an offender, with imprisonment of either description for a term which may extend to 
two years, or with fine, or with both. 

Illustrations. 

(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully 
misinforms the Magistrate of the district that the death has occurred by accident in consequence of the 
bite of a snake. A is guilty of the offence defined in this section. 

(b)  A,  a  village  watchman,  knowing  that  a  considerable  body  of  strangers  has  passed  through  his 
village  in order to  commit  a  dacoity  in  the  house  of Z,  a  wealthy  merchant  residing  in  a  neighbouring 
place, and being legally bound to give early and punctual information of the above fact to the officer of 
the  nearest  police  station,  wilfully  misinforms  the  police  officer  that  a  body  of  suspicious  characters 
passed through the village with a view to commit dacoity in a certain distant place in a different direction. 
Here A is guilty of the offence defined in this section. 

Explanation.—In section 211 and in this section the word “offence” include any act committed at any 
place out of India, which, if committed in India, would be punishable under any of the following sections, 
namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of 
section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, 
clauses (a) and (b) of section 332 and the word  “offender” includes any person who is alleged to have 
been guilty of any such act. 

213. Refusing oath or affirmation when duly required by public servant to make it.—Whoever 
refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a 
public servant legally competent to require that he shall so bind himself, shall be punished with simple 
imprisonment for a term which may extend to six months, or with fine which may extend to five thousand 
rupees, or with both. 

214. Refusing to answer public servant authorised to question.—Whoever, being legally bound to 
state  the  truth  on  any  subject  to  any  public  servant,  refuses  to  answer  any  question  demanded  of  him 
touching that subject by such public servant in the exercise of the legal powers of such public servant, 
shall  be  punished  with  simple  imprisonment  for  a  term  which  may  extend  to  six  months,  or  with  fine 
which may extend to five thousand rupees, or with both. 

215.  Refusing  to  sign  statement.—Whoever  refuses  to  sign  any  statement  made  by  him,  when 
required  to  sign  that  statement  by  a  public  servant  legally  competent  to  require  that  he  shall  sign  that 
statement, shall be punished with simple imprisonment for a term which may extend to three months, or 
with fine which may extend to three thousand rupees, or with both. 

216.  False  statement  on  oath  or  affirmation  to  public  servant  or  person  authorised  to 
administer an oath or affirmation.—Whoever, being legally bound by an oath or affirmation to state 
the truth on any subject to any public servant or other person authorised by law to administer such oath or 
affirmation,  makes,  to  such  public  servant  or  other  person  as  aforesaid,  touching  that  subject,  any 
statement which is false, and which he either knows or believes to be false or does not believe to be true, 
shall  be  punished  with imprisonment  of  either  description  for  a term  which  may  extend  to  three  years, 
and shall also be liable to fine. 

217. False information, with intent to cause public servant to use his lawful power to injury of 
another person—Whoever gives to any public servant any information which he knows or believes to be 
false,  intending  thereby  to  cause,  or  knowing  it  to  be  likely  that  he  will  thereby  cause,  such  public 
servant— 

(a) to do or omit anything which such public servant ought not to do or omit if the  true state of 

facts respecting which such information is given were known by him; or 

70 

 
(b) to use the lawful power of such public servant to the injury or annoyance of any person, 

shall be punished with imprisonment of either description for a term which may extend to one year, or 
with fine which may extend to ten thousand rupees, or with both. 

Illustrations. 

(a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate, has been guilty of 
neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the 
information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section. 

(b)  A  falsely  informs  a  public  servant  that  Z  has  contraband  salt  in  a  secret  place,  knowing  such 
information to be false, and knowing that it is likely that the consequence of the information will be a 
search  of  Z’s  premises,  attended  with  annoyance  to  Z.  A  has  committed  the  offence  defined  in  this 
section. 

(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a 
particular village. He does not mention the name of any person as one of his assailants, but knows it to be 
likely that in consequence of this information the police will make enquiries and institute searches in the 
village to the annoyance of the villagers or some of them. A has committed an offence under this section. 

218. Resistance to taking of property by lawful authority of a public servant.—Whoever offers 
any  resistance  to  the  taking  of  any  property  by  the  lawful  authority  of  any  public  servant,  knowing  or 
having  reason  to  believe  that  he  is  such  public  servant,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to six months, or with fine which may extend to ten thousand 
rupees, or with both. 

219.  Obstructing  sale  of  property  offered  for  sale  by  authority  of  public  servant.—Whoever 
intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, 
as such, shall be punished with imprisonment of either description for a term which may extend to one 
month, or with fine which may extend to five thousand rupees, or with both. 

220.  Illegal  purchase  or  bid  for  property  offered  for  sale  by  authority  of  public  servant.—
Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or 
bids  for  any  property  on  account  of  any  person,  whether  himself  or  any  other,  whom  he  knows  to  be 
under a legal incapacity to purchase that property at that sale, or bids for such property not intending to 
perform  the  obligations  under  which  he  lays  himself  by  such  bidding,  shall  be  punished  with 
imprisonment of either description for a term which may extend to one month, or with fine which may 
extend to two hundred rupees, or with both. 

221. Obstructing public servant in discharge of public functions.—Whoever voluntarily obstructs 
any public servant in the discharge of his public functions, shall be punished with imprisonment of either 
description for a term which may extend to three months, or with fine which may extend to two thousand 
and five hundred rupees, or with both. 

222. Omission to assist public servant when bound by law to give assistance.—Whoever, being 
bound  by  law to  render  or  furnish  assistance to  any public  servant in the execution of  his public  duty, 
intentionally omits to give such assistance,— 

(a) shall be punished with simple imprisonment for a term which may extend to one month, or 

with fine which may extend to two thousand and five hundred rupees, or with both; 

(b) and where such assistance be demanded of him by a public servant legally competent to make 
such demand for the purposes of executing any process lawfully issued by a Court or of preventing 
the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged 
with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple 
imprisonment  for  a  term  which  may  extend  to  six  months,  or  with  fine  which  may  extend  to  five 
thousand rupees, or with both. 

223. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an 
order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to 

71 

 
abstain  from  a  certain  act,  or  to  take  certain  order  with  certain  property  in  his  possession  or  under  his 
management, disobeys such direction,— 

(a) shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk 
of  obstruction,  annoyance  or  injury,  to  any  person  lawfully  employed,  be  punished  with  simple 
imprisonment  for  a  term  which  may  extend  to  six  months,  or  with  fine  which  may  extend  to  two 
thousand and five hundred rupees, or with both; 

(b) and where such disobedience causes or tends to cause danger to human life, health or safety, 
or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description 
for a term which may extend to one year, or with fine which may extend to five thousand rupees, or 
with both. 

Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his 
disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and 
that his disobedience produces, or is likely to produce, harm. 

Illustration. 

An order is promulgated by a public servant lawfully empowered to promulgate such order, directing 
that  a  religious  procession  shall  not  pass  down  a  certain  street.  A  knowingly  disobeys  the  order,  and 
thereby causes danger of riot. A has committed the offence defined in this section. 

224.  Threat  of  injury  to  public  servant.—Whoever  holds  out  any  threat  of  injury  to  any  public 
servant,  or  to  any  person  in  whom  he  believes  that  public  servant  to  be  interested,  for  the  purpose  of 
inducing  that  public  servant  to  do  any  act,  or  to  forbear  or  delay  to  do  any  act,  connected  with  the 
exercise  of  the  public  functions  of  such  public  servant,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to two years, or with fine, or with both. 

225.  Threat  of  injury  to  induce  person  to  refrain  from  applying  for  protection  to  public 
servant.—Whoever holds out any threat of injury to any person for the purpose of inducing that person 
to refrain or desist from making a legal application for protection against any injury to any public servant 
legally  empowered  as  such  to  give  such  protection,  or  to  cause  such  protection  to  be  given,  shall  be 
punished with imprisonment of either description for a term which may extend to one year, or with fine, 
or with both. 

226.  Attempt  to  commit  suicide  to  compel  or  restrain  exercise  of  lawful  power.—Whoever 
attempts to commit suicide with the intent to compel or restrain any public servant from discharging his 
official  duty  shall  be  punished  with  simple  imprisonment  for  a  term  which  may  extend  to  one  year,  or 
with fine, or with both, or with community service. 

CHAPTER XIV 

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE 

227. Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of 
law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement 
which is false, and which he either knows or believes to be false or does not believe to be true, is said to 
give false evidence. 

Explanation  1.—A  statement  is  within  the  meaning  of  this  section,  whether  it  is  made  verbally  or 

otherwise. 

Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this 
section, and a person may be guilty of giving false evidence by stating that he believes a thing which he 
does not believe, as well as by stating that he knows a thing which he does not know. 

Illustrations. 

(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a 

trial that he heard Z admit the justice of B’s claim. A has given false evidence. 

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(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the 
handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he 
knows to be false, and therefore gives false evidence. 

(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to 
be  the  handwriting  of  Z;  A  in  good  faith  believing  it  to  be  so.  Here  A’s  statement  is  merely  as  to  his 
belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, 
A has not given false evidence. 

(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place 
on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that 
place on the day named or not. 

(e)  A,  an  interpreter  or  translator,  gives  or  certifies  as  a  true  interpretation  or  translation  of  a 
statement  or  document  which  he  is  bound  by  oath  to  interpret  or  translate  truly,  that  which  is  not  and 
which he does not believe to be a true interpretation or translation. A has given false evidence. 

228.  Fabricating  false  evidence.—Whoever  causes  any  circumstance  to  exist  or  makes  any  false 
entry in any book or record, or electronic record or makes any document or electronic record containing a 
false statement, intending that such circumstance, false entry or false statement may appear in evidence in 
a  judicial  proceeding,  or  in  a  proceeding  taken  by  law  before  a  public  servant  as  such,  or  before  an 
arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause 
any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous 
opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”. 

Illustrations. 

(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and 

that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence. 

(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a 

Court. A has fabricated false evidence. 

(c)  A,  with  the  intention  of  causing  Z  to  be  convicted  of  a  criminal  conspiracy,  writes  a  letter  in 
imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, 
and puts the letter in a place which he knows that the officers of the police are likely to search. A has 
fabricated false evidence. 

229. Punishment for false evidence.—(1) Whoever intentionally gives false evidence in any stage 
of  a  judicial  proceeding,  or  fabricates  false  evidence  for  the  purpose  of  being  used  in  any  stage  of  a 
judicial  proceeding,  shall  be  punished  with  imprisonment  of  either  description  for  a  term  which  may 
extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees. 

(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in 
sub-section (1), shall be punished with imprisonment of either description for a term which may extend to 
three years, and shall also be liable to fine which may extend to five thousand rupees. 

Explanation 1.—A trial before a Court-martial is a judicial proceeding. 

Explanation  2.—An  investigation  directed  by  law  preliminary  to  a  proceeding  before  a  Court,  is  a 

stage of a judicial proceeding, though that investigation may not take place before a Court. 

Illustration. 

A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed 
for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial 
proceeding, A has given false evidence. 

Explanation  3.—An  investigation  directed  by  a  Court  according  to  law,  and  conducted  under  the 
authority  of  a  Court,  is  a  stage  of  a  judicial  proceeding,  though  that  investigation  may  not  take  place 
before a Court. 

73 

 
 
Illustration. 

A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land, 
makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, 
A has given false evidence. 

230. Giving or fabricating false evidence with intent to procure conviction of capital offence.—
(1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that 
he will thereby cause, any person to be convicted of an offence which is capital by the law for the time 
being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a 
term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand 
rupees. 

(2) If an innocent person be convicted and executed in consequence of false evidence referred to in 
sub-section  (1),  the  person  who  gives  such  false  evidence  shall  be  punished  either  with  death  or  the 
punishment specified in sub-section (1). 

231. Giving or fabricating false evidence with intent to procure conviction of offence punishable 
with  imprisonment  for  life  or  imprisonment.—Whoever  gives  or  fabricates  false  evidence  intending 
thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an 
offence  which  by  the  law  for  the  time  being  in  force  in  India  is  not  capital,  but  punishable  with 
imprisonment  for  life,  or  imprisonment  for  a  term  of  seven  years  or  upwards,  shall  be  punished  as  a 
person convicted of that offence would be liable to be punished. 

Illustration. 

A gives false evidence before a Court, intending thereby to cause Z to be convicted of a dacoity. The 
punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to 
ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or 
without fine. 

232.  Threatening  any  person  to  give  false  evidence.—(1)  Whoever  threatens  another  with  any 
injury to his person, reputation or property or to the person or reputation of any one in whom that person 
is interested, with intent to cause that person to give false evidence shall be punished with imprisonment 
of either description for a term which may extend to seven years, or with fine, or with both. 

(2)  If  innocent  person  is  convicted  and  sentenced  in  consequence  of  false  evidence  referred  to  in    

sub-section (1), with death or imprisonment for more than seven years, the person who threatens shall be 
punished  with  the  same  punishment  and  sentence  in  the  same  manner  and  to  the  same  extent  such 
innocent person is punished and sentenced. 

233.  Using  evidence  known  to  be  false.—Whoever  corruptly  uses  or  attempts  to  use  as  true  or 
genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same 
manner as if he gave or fabricated false evidence. 

234. Issuing or signing false certificate.—Whoever issues or signs any certificate required by law to 
be  given  or  signed,  or  relating  to  any  fact  of  which  such  certificate  is  by  law  admissible  in  evidence, 
knowing  or  believing  that such  certificate  is  false in  any  material  point,  shall  be  punished  in  the  same 
manner as if he gave false evidence. 

235. Using as true a certificate known to be false.—Whoever corruptly uses or attempts to use any 
such certificate as a true certificate, knowing the same to be false in any material point, shall be punished 
in the same manner as if he gave false evidence. 

236. False statement made in declaration which is by law receivable as evidence.—Whoever, in 
any declaration made or subscribed by him, which declaration any Court or any public servant or other 
person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is 
false, and which he either knows or believes to be false or does not believe to be true, touching any point 
material to the object for which the declaration is made or used, shall be punished in the same manner as 
if he gave false evidence. 

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237. Using as true such declaration knowing it to be false.—Whoever corruptly uses or attempts to 
use as true any such declaration, knowing the same to be false in any material point, shall be punished in 
the same manner as if he gave false evidence. 

Explanation.—A declaration which is inadmissible merely upon the ground of some informality, is a 

declaration within the meaning of section 236 and this section. 

238.  Causing  disappearance  of  evidence  of  offence,  or  giving  false  information  to  screen 
offender.—Whoever, knowing or having reason to believe that an offence has been committed, causes 
any evidence of the commission of that offence to disappear, with the intention of screening the offender 
from  legal  punishment,  or  with  that  intention  gives  any  information  respecting  the  offence  which  he 
knows or believes to be false shall,— 

(a) if the offence which he knows or believes to have been committed is punishable with death, 
be punished with imprisonment of either description for a term which may extend to seven years, and 
shall also be liable to fine; 

(b)  if  the  offence  is  punishable  with  imprisonment  for  life,  or  with  imprisonment  which  may 
extend to ten years, be punished with imprisonment of either description for a term which may extend 
to three years, and shall also be liable to fine; 

(c)  if  the  offence  is  punishable  with  imprisonment  for  any  term  not  extending  to  ten  years,  be 
punished with imprisonment of the description provided for the offence, for a term which may extend 
to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or 
with both. 

Illustration. 

A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from 

punishment. A is liable to imprisonment of either description for seven years, and also to fine. 

239. Intentional omission to give information of offence by person bound to inform.—Whoever, 
knowing or having reason to believe that an offence has been committed, intentionally omits to give any 
information  respecting  that  offence  which  he  is  legally  bound  to  give,  shall  be  punished  with 
imprisonment of either description for a term which may extend to six months, or with fine which may 
extend to five thousand rupees, or with both. 

240.  Giving  false  information  respecting  an  offence  committed.—Whoever,  knowing  or  having 
reason  to  believe  that  an  offence  has  been  committed,  gives  any  information  respecting  that  offence 
which he knows or believes to be false, shall be punished with imprisonment of either description for a 
term which may extend to two years, or with fine, or with both. 

Explanation.—In  sections  238  and  239  and  in  this  section  the  word  “offence”  includes  any  act 
committed at any place out of India, which, if committed in India, would be punishable under any of the 
following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), 
(3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and 
(8) of section 331, clauses (a) and (b) of section 332. 

241.  Destruction  of  document  or  electronic  record  to  prevent  its  production  as  evidence.—
Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to 
produce as evidence in a Court  or  in  any  proceeding  lawfully  held  before  a  public servant,  as such,  or 
obliterates  or  renders  illegible  the  whole  or  any  part  of  such  document  or  electronic  record  with  the 
intention of preventing the same from being produced or used as evidence before such Court or public 
servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for 
that purpose, shall be punished with imprisonment of either description for a term which may extend to 
three years, or with fine which may extend to five thousand rupees, or with both. 

242. False personation for purpose of act or proceeding in suit or prosecution.—Whoever falsely 
personates  another,  and  in  such  assumed  character  makes  any  admission  or  statement,  or  confesses 
judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit 

75 

 
or criminal prosecution, shall be punished with imprisonment of either description for a term which may 
extend to three years, or with fine, or with both. 

243.  Fraudulent  removal  or  concealment  of  property  to  prevent  its  seizure  as  forfeited  or  in 
execution.—Whoever fraudulently removes, conceals, transfers or delivers to any person any property or 
any interest therein, intending thereby to prevent that property or interest therein from being taken as a 
forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to 
be likely to be pronounced, by a Court or other competent authority, or from being taken in execution of a 
decree or order which has been made, or which he knows to be likely to be made by a Court in a civil 
suit,  shall  be  punished  with  imprisonment  of  either  description  for  a  term  which  may  extend  to  three 
years, or with fine which may extend to five thousand rupees, or with both. 

244. Fraudulent claim to property to prevent its seizure as forfeited or in execution.—Whoever 
fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right 
or  rightful  claim  to  such  property  or  interest,  or  practises  any  deception  touching  any  right  to  any 
property or any interest therein, intending thereby to prevent that property or interest therein from being 
taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he 
knows  to  be  likely  to  be  pronounced  by  a  Court  or  other  competent  authority,  or  from  being  taken  in 
execution  of  a  decree  or  order  which  has been  made,  or  which  he  knows  to  be likely  to  be  made  by  a 
Court  in  a  civil  suit,  shall  be  punished  with  imprisonment  of  either  description  for  a  term  which  may 
extend to two years, or with fine, or with both. 

245.  Fraudulently  suffering  decree  for  sum  not  due.—Whoever  fraudulently  causes  or  suffers  a 
decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum 
than is due to such person or for any property or interest in property to which such person is not entitled, 
or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or 
for  anything  in  respect  of  which  it  has  been  satisfied,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to two years, or with fine, or with both. 

Illustration. 

A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently 
suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against 
him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any 
sale  of  Z’s  property  which  may  be  made  under  A’s  decree.  Z  has  committed  an  offence  under  this 
section. 

246.  Dishonestly  making  false  claim  in  Court.—Whoever  fraudulently  or  dishonestly,  or  with 
intent to injure or annoy any person, makes in a Court any claim which he knows to be false, shall be 
punished  with  imprisonment  of either  description for  a term  which  may  extend  to  two  years,  and  shall 
also be liable to fine. 

247. Fraudulently obtaining decree for sum not due.—Whoever fraudulently obtains a decree or 
order against any person for a sum not due, or for a larger sum than is due or for any property or interest 
in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any 
person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently 
suffers  or  permits  any  such  act  to  be  done  in  his  name,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to two years, or with fine, or with both. 

248. False charge of offence made with intent to injure.—Whoever, with intent to cause injury to 
any  person,  institutes  or  causes  to  be  instituted  any  criminal  proceeding  against  that  person,  or  falsely 
charges any person with having committed an offence, knowing that there is no just or lawful ground for 
such proceeding or charge against that person,— 

(a) shall be punished with imprisonment of either description for a term which may extend to five 

years, or with fine which may extend to two lakh rupees, or with both; 

(b)  if  such  criminal  proceeding  be  instituted  on  a  false  charge  of  an  offence  punishable  with 
death,  imprisonment  for  life,  or  imprisonment  for  ten  years  or  upwards,  shall  be  punishable  with 

76 

 
imprisonment of either description for a term which may extend to ten years, and shall also be liable 
to fine. 

249.  Harbouring  offender.—Whenever  an  offence  has  been  committed,  whoever  harbours  or 
conceals  a  person  whom  he  knows  or  has  reason  to  believe  to  be  the  offender,  with  the  intention  of 
screening him from legal punishment shall,— 

(a) if the offence is punishable with death, be punished with imprisonment of either description 

for a term which may extend to five years, and shall also be liable to fine; 

(b)  if  the  offence  is  punishable  with  imprisonment  for  life,  or  with  imprisonment  which  may 
extend to ten years, be punished with imprisonment of either description for a term which may extend 
to three years, and shall also be liable to fine; 

(c) if the offence is punishable with imprisonment which may extend to one year, and not to ten 
years, be punished with imprisonment of the description provided for the offence for a term which 
may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with 
fine, or with both. 

Explanation.— “Offence” in this section includes any act committed at any place out of India, which, 
if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, 
sub-sections (2),  (3) and (4)  of  section  309,  sub-sections  (2), (3),  (4) and (5)  of  section  310,  311, 312, 
clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of 
section 332 and every such act shall, for the purposes of this section, be deemed to be punishable as if the 
accused person had been guilty of it in India. 

Exception.—This section shall not extend to any case in which the harbour or concealment is by the 

spouse of the offender. 

Illustration. 

A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal 
punishment. Here, as B is liable to imprisonment for life, A is liable to imprisonment of either description 
for a term not exceeding three years, and is also liable to fine. 

250. Taking gift, etc., to screen an offender from punishment.—Whoever accepts or attempts to 
obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property 
to  himself  or  any  other  person,  in  consideration  of  his  concealing  an  offence  or  of  his  screening  any 
person from legal punishment for any offence, or of his not proceeding against any person for the purpose 
of bringing him to legal punishment shall,— 

(a) if the offence is punishable with death, be punished with imprisonment of either description 

for a term which may extend to seven years, and shall also be liable to fine; 

(b)  if  the  offence  is  punishable  with  imprisonment  for  life,  or  with  imprisonment  which  may 
extend to ten years, be punished with imprisonment of either description for a term which may extend 
to three years, and shall also be liable to fine; 

(c) if the offence is punishable with imprisonment not extending to ten years, be punished with 
imprisonment of the description provided for the offence for a term which may extend to one-fourth 
part of the longest term of imprisonment provided for the offence, or with fine, or with both. 

251. Offering gift or restoration of property in consideration of screening offender.—Whoever 
gives or causes, or offers or agrees to give or cause, any gratification to any person, or restores or causes 
the restoration of any property to any person, in consideration of that person’s concealing an offence, or 
of his screening any person from legal punishment for any offence, or of his not proceeding against any 
person for the purpose of bringing him to legal punishment shall,— 

(a) if the offence is punishable with death, be punished with imprisonment of either description 

for a term which may extend to seven years, and shall also be liable to fine; 

77 

 
(b)  if  the  offence  is  punishable  with  imprisonment  for  life  or  with  imprisonment  which  may 
extend to ten years, be punished with imprisonment of either description for a term which may extend 
to three years, and shall also be liable to fine; 

(c) if the offence is punishable with imprisonment not extending to ten years, be punished with 
imprisonment of the description provided for the offence for a term which may extend to one-fourth 
part of the longest term of imprisonment provided for the offence, or with fine, or with both. 

Exception.—The provisions of this section and section 250 do not extend to any case in which the 

offence may lawfully be compounded. 

252. Taking gift to help to recover stolen property, etc.—Whoever takes or agrees or consents to 
take  any  gratification  under  pretence  or  on  account  of  helping  any  person  to  recover  any  movable 
property of which he shall have been deprived by any offence punishable under this Sanhita, shall, unless 
he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be 
punished with imprisonment of either description for a term which may extend to two years, or with fine, 
or with both. 

253.  Harbouring  offender  who  has  escaped  from  custody  or  whose  apprehension  has  been 
ordered.—Whenever  any  person  convicted  of  or charged  with  an offence,  being  in  lawful  custody  for 
that  offence,  escapes  from  such  custody,  or  whenever  a  public  servant,  in  the  exercise  of  the  lawful 
powers  of  such  public  servant,  orders  a  certain  person  to  be  apprehended  for  an  offence,  whoever, 
knowing of such escape or order for apprehension, harbours or conceals that person with the intention of 
preventing him from being apprehended, shall be punished in the manner following, namely:— 

(a)  if  the  offence  for  which  the  person  was  in  custody  or  is  ordered  to  be  apprehended  is 
punishable with death, he shall be punished with imprisonment of either description for a term which 
may extend to seven years, and shall also be liable to fine; 

(b) if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall 
be punished with imprisonment of either description for a term which may extend to three years, with 
or without fine; 

(c) if the offence is punishable with imprisonment which may extend to one year and not to  ten 
years, he shall be punished with imprisonment of the description provided for the offence for a term 
which  may  extend  to  one-fourth  part  of  the  longest  term  of  the  imprisonment  provided  for  such 
offence, or with fine, or with both. 

Explanation.—“Offence”  in  this  section  includes  also  any  act  or  omission  of  which  a  person  is 
alleged  to  have  been  guilty  out  of  India,  which,  if  he  had  been  guilty  of  it  in  India,  would  have  been 
punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to 
be apprehended or detained in custody in India, and every such act or omission shall, for the purposes of 
this section, be deemed to be punishable as if the accused person had been guilty of it in India. 

Exception.—The  provisions  of  this  section  do  not  extend  to  the  case  in  which  the  harbour  or 

concealment is by the spouse of the person to be apprehended. 

254. Penalty for harbouring robbers or dacoits.—Whoever, knowing or having reason to believe 
that any persons are about to commit or have recently committed robbery or dacoity, harbours them or 
any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening 
them or any of them from punishment, shall be punished with rigorous imprisonment for a term which 
may extend to seven years, and shall also be liable to fine. 

Explanation.—For  the  purposes  of  this  section  it  is  immaterial  whether  the  robbery  or  dacoity  is 

intended to be committed, or has been committed, within or without India. 

Exception.—The provisions of this section do not extend to the case in which the harbour is by the 

spouse of the offender. 

255.—Public servant disobeying direction of law with intent to save person from punishment or 
property from forfeiture.—Whoever, being a public servant, knowingly disobeys any direction of the 
law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or 

78 

 
knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a 
less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby 
to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with 
imprisonment of either description for a term which may extend to two years, or with fine, or with both. 

256.  Public  servant  framing  incorrect  record  or  writing  with  intent  to  save  person  from 
punishment or property from forfeiture.—Whoever, being a public servant, and being as such public 
servant, charged with the preparation of any record or other writing, frames that record or writing in a 
manner  which  he  knows  to  be  incorrect,  with  intent  to  cause,  or  knowing  it  to  be  likely  that  he  will 
thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to 
be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing 
that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, 
shall be punished with imprisonment of either description for a term which may extend to three years, or 
with fine, or with both. 

257.  Public  servant  in  judicial  proceeding  corruptly  making  report,  etc.,  contrary  to  law.—
Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial 
proceeding,  any  report,  order,  verdict,  or  decision  which  he  knows  to  be  contrary  to  law,  shall  be 
punished with imprisonment of either description for a term which may extend to seven years, or with 
fine, or with both. 

258.  Commitment  for  trial  or  confinement  by  person  having  authority  who  knows  that  he  is 
acting  contrary  to  law.—Whoever,  being  in  any  office  which  gives  him  legal  authority  to  commit 
persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits 
any  person  for  trial  or  to  confinement,  or  keeps  any  person  in  confinement,  in  the  exercise  of  that 
authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of 
either description for a term which may extend to seven years, or with fine, or with both. 

259.  Intentional  omission  to  apprehend  on  part  of  public  servant  bound  to  apprehend.—
Whoever,  being  a  public  servant,  legally  bound  as  such  public  servant  to  apprehend  or  to  keep  in 
confinement any person charged with or liable to be apprehended for an offence, intentionally omits to 
apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in 
escaping or attempting to escape from such confinement, shall be punished,— 

(a) with imprisonment of either description for a term which may extend to seven years, with or 
without  fine,  if  the  person  in  confinement,  or  who  ought  to  have  been  apprehended,  was  charged 
with, or liable to be apprehended for, an offence punishable with death; or 

(b) with imprisonment of either description for a term which may extend to three years, with or 
without  fine,  if  the  person  in  confinement,  or  who  ought  to  have  been  apprehended,  was  charged 
with,  or  liable  to  be  apprehended  for,  an  offence  punishable  with  imprisonment  for  life  or 
imprisonment for a term which may extend to ten years; or 

(c) with imprisonment of either description for a term which may  extend to two years, with or 
without  fine,  if  the  person  in  confinement,  or  who  ought  to  have  been  apprehended,  was  charged 
with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than 
ten years. 

260. Intentional omission to apprehend on part of public servant bound to apprehend person 
under sentence or lawfully committed.—Whoever, being a public servant, legally bound as such public 
servant to apprehend or to keep in confinement any person under sentence of a Court for any offence or 
lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such 
person  to  escape  or  intentionally  aids  such  person  in  escaping  or  attempting  to  escape  from  such 
confinement, shall be punished,— 

(a) with imprisonment for life or with imprisonment of either description for a term which may 
extend  to  fourteen  years, with  or  without  fine, if the  person in  confinement,  or  who  ought  to  have 
been apprehended, is under sentence of death; or 

79 

 
(b) with imprisonment of either description for a term which may extend to seven years, with or 
without fine, if the person in confinement or who ought to have been apprehended, is subject, by a 
sentence  of  a  Court,  or  by  virtue  of  a  commutation  of  such  sentence,  to  imprisonment  for  life  or 
imprisonment for a term of ten years, or upwards; or 

(c) with imprisonment of either description for a term which may extend to three years, or with 
fine, or with both, if the person in confinement or who ought to have been apprehended, is subject by 
a  sentence  of  a  Court  to  imprisonment  for  a  term  not  extending  to  ten  years  or  if  the  person  was 
lawfully committed to custody. 

261.  Escape  from  confinement  or  custody  negligently  suffered  by  public  servant.—Whoever, 
being a public servant legally bound as such public servant to keep in confinement any person charged 
with  or  convicted  of  any  offence  or  lawfully  committed  to  custody,  negligently  suffers  such  person  to 
escape from confinement, shall be punished with simple imprisonment for a term which may extend to 
two years, or with fine, or with both. 

262. Resistance or obstruction by a person to his lawful apprehension.—Whoever intentionally 
offers  any  resistance  or  illegal  obstruction  to  the  lawful  apprehension  of  himself  for  any  offence  with 
which  he  is  charged  or  of  which  he  has  been  convicted,  or  escapes  or  attempts  to  escape  from  any 
custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of 
either description for a term which may extend to two years, or with fine, or with both. 

Explanation.—The punishment in this section is in addition to the punishment for which the person 
to  be  apprehended  or  detained  in  custody  was  liable for  the  offence  with  which  he  was  charged,  or  of 
which he was convicted. 

263.  Resistance  or  obstruction  to  lawful  apprehension  of  another  person.—Whoever, 
intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for 
an offence, or rescues or attempts to rescue any other person from any custody in which that person is 
lawfully detained for an offence,— 

(a) shall be punished with imprisonment of either description for a term which may extend to two 

years, or with fine, or with both; or 

(b) if the person to be apprehended, or the person rescued or attempted to be rescued, is charged 
with  or  liable  to  be  apprehended  for  an  offence  punishable  with  imprisonment  for  life  or 
imprisonment  for  a  term  which  may  extend  to  ten  years,  shall  be  punished  with  imprisonment  of 
either description for a term which may extend to three years, and shall also be liable to fine; or 

(c)  if  the  person  to  be  apprehended  or  rescued,  or  attempted  to  be  rescued,  is  charged  with  or 
liable to be apprehended for an offence punishable with death, shall be punished with imprisonment 
of either description for a term which may extend to seven years, and shall also be liable to fine; or 

(d)  if  the  person  to  be  apprehended  or  rescued,  or  attempted  to  be  rescued,  is  liable  under  the 
sentence of a Court or by  virtue of a commutation of such a sentence, to imprisonment for life, or 
imprisonment  for  a  term  of  ten  years  or  upwards,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to seven years, and shall also be liable to fine; or 

(e) if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of 
death, shall be punished with imprisonment for life or imprisonment of either description for a term 
not exceeding ten years, and shall also be liable to fine. 

264.  Omission  to  apprehend,  or  sufferance  of  escape,  on  part  of  public  servant,  in  cases  not 
otherwise  provided  for.—Whoever,  being  a  public  servant  legally  bound  as  such  public  servant  to 
apprehend, or to keep in confinement, any person in any case not provided for in section 259, section 260 
or section 261, or in any other law for the time being in force, omits to apprehend that person or suffers 
him to escape from confinement, shall be punished— 

(a)  if  he  does  so  intentionally,  with  imprisonment  of  either  description  for  a  term  which  may 

extend to three years, or with fine, or with both; and 

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(b)  if  he  does  so  negligently,  with  simple  imprisonment  for  a  term  which  may  extend  to  two 

years, or with fine, or with both. 

265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise 
provided for.—Whoever, in any case not provided for in section 262 or section 263 or in any other law 
for  the  time  being  in  force,  intentionally  offers  any  resistance  or  illegal  obstruction  to  the  lawful 
apprehension  of  himself  or  of  any  other  person,  or  escapes  or  attempts  to  escape  from  any  custody  in 
which  he  is  lawfully  detained,  or  rescues  or  attempts  to  rescue  any  other  person  from  any  custody  in 
which that person is lawfully detained, shall be punished with imprisonment of either description for a 
term which may extend to six months, or with fine, or with both. 

266.  Violation  of  condition  of  remission  of  punishment.—Whoever,  having  accepted  any 
conditional  remission  of  punishment,  knowingly  violates  any  condition  on  which  such  remission  was 
granted, shall be punished with the punishment to which he was originally sentenced, if he has already 
suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much 
of that punishment as he has not already suffered. 

267.  Intentional  insult  or  interruption  to  public  servant  sitting  in  judicial  proceeding.—
Whoever,  intentionally  offers  any  insult,  or  causes  any  interruption  to  any  public  servant,  while  such 
public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment 
for a term which may extend to six months, or with fine which may extend to five thousand rupees, or 
with both. 

268. Personation of assessor.—Whoever, by personation or otherwise, shall intentionally cause, or 
knowingly  suffer  himself  to  be  returned,  empanelled  or  sworn  as  an  assessor  in  any  case  in  which  he 
knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have 
been so returned, empanelled or sworn contrary to law, shall voluntarily serve as such assessor, shall be 
punished with imprisonment of either description for a term which may extend to two years, or with fine, 
or with both. 

269.  Failure  by  person  released  on  bail  bond  or  bond  to  appear  in  Court.—Whoever,  having 
been charged  with an offence and released  on  bail  bond  or  on  bond, fails  without sufficient  cause  (the 
burden of proving which shall lie upon him), to appear in Court in accordance with the terms of the bail 
or bond, shall be punished with imprisonment of either description for a term which may extend to one 
year, or with fine, or with both. 

Explanation.—The punishment under this section is— 

(a) in addition to the punishment to which the offender would be liable on a conviction for the 

offence with which he has been charged; and 

(b) without prejudice to the power of the Court to order forfeiture of the bond. 

CHAPTER XV 

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS 

270. Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an 
illegal omission which causes any common injury, danger or annoyance to the public or to the people in 
general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, 
danger or annoyance to persons who may have occasion to use any public right but a common nuisance is 
not excused on the ground that it causes some convenience or advantage. 

271. Negligent act likely to spread infection of disease dangerous to life.—Whoever unlawfully or 
negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the 
infection of any disease dangerous to life, shall be punished with imprisonment of either description for a 
term which may extend to six months, or with fine, or with both. 

272. Malignant act likely to spread infection of disease dangerous to life.—Whoever malignantly 
does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of 

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any disease dangerous to life, shall be punished with imprisonment of either description for a term which 
may extend to two years, or with fine, or with both. 

273.  Disobedience  to  quarantine  rule.—Whoever  knowingly  disobeys  any  rule  made  by  the 
Government for putting any mode of transport into a state of quarantine, or for regulating the intercourse 
of any such transport in a state of quarantine or for regulating the intercourse between places where an 
infectious disease prevails and other places, shall be punished with imprisonment of either description for 
a term which may extend to six months, or with fine, or with both. 

274. Adulteration of food or drink intended for sale.—Whoever adulterates any article of food or 
drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, 
or  knowing  it  to  be  likely  that  the  same  will  be  sold  as  food  or  drink,  shall  be  punished  with 
imprisonment of either description for a term which may extend to six months, or with fine which may 
extend to five thousand rupees, or with both. 

275. Sale of noxious food or drink.—Whoever sells, or offers or exposes for sale, as food or drink, 
any  article  which  has  been  rendered  or  has  become  noxious,  or  is  in  a  state  unfit  for  food  or  drink, 
knowing  or  having  reason to  believe  that  the  same  is  noxious as food  or  drink, shall  be  punished  with 
imprisonment of either description for a term which may extend to six months, or with fine which may 
extend to five thousand rupees, or with both. 

276.  Adulteration  of  drugs.—Whoever  adulterates  any  drug  or  medical  preparation  in  such  a 
manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make 
it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used 
for,  any  medicinal  purpose,  as  if  it  had  not  undergone  such  adulteration,  shall  be  punished  with 
imprisonment  of  either  description  for  a  term  which  may  extend  to  one  year,  or  with  fine  which  may 
extend to five thousand rupees, or with both. 

277. Sale of adulterated drugs.—Whoever, knowing any drug or medical preparation to have been 
adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells 
the  same,  or  offers  or  exposes  it  for  sale,  or  issues  it  from  any  dispensary  for  medicinal  purposes  as 
unadulterated,  or  causes  it  to  be  used  for  medicinal  purposes  by  any  person  not  knowing  of  the 
adulteration, shall be punished with imprisonment of either description for a term which may extend to 
six months, or with fine which may extend to five thousand rupees, or with both. 

278.  Sale  of  drug  as  a  different  drug  or  preparation.—Whoever  knowingly  sells,  or  offers  or 
exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as 
a different drug or medical preparation, shall be punished with imprisonment of either description for a 
term which may extend to six months, or with fine  which may extend to five thousand rupees, or with 
both. 

279. Fouling water of public spring or reservoir.—Whoever voluntarily corrupts or fouls the water 
of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, 
shall be punished with imprisonment of either description for a term which may extend to six months, or 
with fine which may extend to five thousand rupees, or with both. 

280. Making atmosphere noxious to health.—Whoever voluntarily vitiates the atmosphere in any 
place so as to make it noxious to the health of persons in general dwelling or carrying on business in the 
neighbourhood  or  passing  along  a  public  way,  shall  be  punished  with  fine  which  may  extend  to  one 
thousand rupees. 

281. Rash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public 
way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to 
any other person, shall be punished with imprisonment of either description for a term which may extend 
to six months, or with fine which may extend to one thousand rupees, or with both. 

282. Rash navigation of vessel.—Whoever navigates any vessel in a manner so rash or negligent as 
to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with 
imprisonment of either description for a term which may extend to six months, or with fine which may 
extend to ten thousand rupees, or with both. 

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283.  Exhibition  of  false  light,  mark  or  buoy.—Whoever  exhibits  any  false  light,  mark  or  buoy, 
intending  or  knowing  it  to  be  likely  that  such exhibition  will  mislead  any  navigator,  shall  be  punished 
with imprisonment of either description for a term which may extend to seven years, and with fine which 
shall not be less than ten thousand rupees. 

284. Conveying person by water for hire in unsafe or overloaded vessel.—Whoever knowingly or 
negligently  conveys,  or  causes  to  be  conveyed  for  hire,  any  person  by  water  in  any  vessel,  when  that 
vessel  is  in  such  a  state  or  so  loaded  as  to  endanger  the  life  of  that  person,  shall  be  punished  with 
imprisonment of either description for a term which may extend to six months, or with fine which may 
extend to five thousand rupees, or with both. 

285. Danger or obstruction in public way or line of navigation.—Whoever, by doing any act, or 
by  omitting  to  take  order  with  any  property  in  his  possession  or  under  his  charge,  causes  danger, 
obstruction or injury to any person in any public way or public line of navigation, shall be punished with 
fine which may extend to five thousand rupees. 

286. Negligent conduct with respect to poisonous substance.—Whoever does, with any poisonous 
substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt 
or  injury  to  any  person  or  knowingly  or  negligently  omits  to  take  such  order  with  any  poisonous 
substance in his possession as is sufficient to guard against any probable danger to human life from such 
poisonous  substance,  shall  be  punished  with  imprisonment  of  either  description  for  a  term  which  may 
extend to six months, or with fine which may extend to five thousand rupees, or with both. 

287. Negligent conduct with respect to fire or combustible matter.—Whoever does, with fire or 
any  combustible  matter,  any  act  so  rashly  or  negligently  as  to  endanger  human  life,  or  to  be  likely  to 
cause hurt or injury to any other person or knowingly or negligently omits to take such order with any fire 
or  any  combustible  matter  in  his  possession  as  is  sufficient  to  guard  against  any  probable  danger  to 
human  life  from  such  fire  or  combustible  matter,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to six months, or with fine which may extend to two thousand 
rupees, or with both. 

288. Negligent conduct with respect to explosive substance.—Whoever does, with any explosive 
substance,  any  act  so  rashly  or  negligently  as  to  endanger  human  life,  or  to  be  likely  to  cause  hurt  or 
injury  to  any  other  person,  or  knowingly  or  negligently  omits  to  take  such  order  with  any  explosive 
substance in his possession as is sufficient to guard against any probable danger to human life from that 
substance, shall be punished with imprisonment of either description for a term which may extend to six 
months, or with fine which may extend to five thousand rupees, or with both. 

289. Negligent conduct with respect to machinery.—Whoever does, with any machinery, any act 
so  rashly  or  negligently  as  to  endanger  human  life  or  to  be  likely  to  cause  hurt  or  injury  to  any  other 
person  or  knowingly  or  negligently  omits  to  take  such  order  with  any  machinery  in  his  possession  or 
under his care as is sufficient to guard against any probable danger to human life from such machinery, 
shall be punished with imprisonment of either description for a term which may extend to six months, or 
with fine which may extend to five thousand rupees, or with both. 

290. Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.—
Whoever, in pulling down, repairing or constructing any building, knowingly or negligently omits to take 
such measures with that building as is sufficient to guard against any probable danger to human life from 
the fall of that building, or of any part thereof, shall be punished with imprisonment of either description 
for a term which may extend to six months, or with fine which may extend to five thousand rupees, or 
with both. 

291. Negligent conduct with respect to animal.—Whoever knowingly or negligently omits to take 
such measures with any animal in his possession as is sufficient to guard against any probable danger to 
human  life,  or  any  probable  danger  of  grievous  hurt  from  such  animal,  shall  be  punished  with 
imprisonment of either description for a term which may extend to six months, or with fine which may 
extend to five thousand rupees, or with both. 

83 

 
292. Punishment for public nuisance in cases not otherwise provided for.—Whoever commits a 
public nuisance in any case not otherwise punishable by this Sanhita shall be punished with fine which 
may extend to one thousand rupees. 

293.  Continuance  of  nuisance  after  injunction  to  discontinue.—Whoever  repeats  or  continues  a 
public  nuisance,  having  been  enjoined  by  any  public  servant  who  has  lawful  authority  to  issue  such 
injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term 
which may extend to six months, or with fine which may extend to five thousand rupees or with both. 

294. Sale, etc., of obscene books, etc.—(1) For the purposes of sub-section (2), a book, pamphlet, 
paper,  writing,  drawing,  painting,  representation,  figure  or  any  other  object,  including  display  of  any 
content  in  electronic  form  shall  be  deemed  to  be  obscene  if  it  is  lascivious  or  appeals  to  the  prurient 
interest  or  if  its  effect,  or  (where  it  comprises  two  or  more  distinct  items)  the  effect  of  any  one  of  its 
items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard 
to all relevant circumstances, to read, see or hear the matter contained or embodied in it. 

(2) Whoever— 

(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for 
purposes  of  sale,  hire,  distribution,  public  exhibition  or  circulation,  makes,  produces  or  has  in  his 
possession  any  obscene  book,  pamphlet,  paper,  drawing,  painting,  representation  or  figure  or  any 
other obscene object whatsoever in whatever manner; or 

(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing 
or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited 
or in any manner put into circulation; or 

(c)  takes  part  in  or  receives  profits  from  any  business  in  the  course  of  which  he  knows  or  has 
reason  to  believe  that  any  such  obscene  objects  are,  for  any  of  the  purposes  aforesaid,  made 
produced,  purchased,  kept,  imported,  exported,  conveyed,  publicly  exhibited  or  in  any  manner  put 
into circulation; or 

(d) advertises or makes known by any means whatsoever that any person is engaged or is ready 
to engage in any act which is an offence under this section, or that any such obscene object can be 
procured from or through any person; or 

(e) offers or attempts to do any act which is an offence under this section, 

shall  be  punished  on  first  conviction  with  imprisonment  of  either  description  for  a  term  which  may 
extend  to  two  years,  and  with  fine  which  may  extend  to  five  thousand  rupees,  and,  in  the  event  of  a 
second or subsequent conviction, with imprisonment of either description for a term which may extend to 
five years, and also with fine which may extend to ten thousand rupees. 

Exception.—This section does not extend to— 

(a) any book, pamphlet, paper, writing, drawing, painting, representation or figure— 

(i) the publication of which is proved to be justified as being for the public good on the ground 
that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest 
of science, literature, art or learning or other objects of general concern; or 

(ii) which is kept or used bona fide for religious purposes; 

(b) any representation sculptured, engraved, painted or otherwise represented on or in— 

(i)  any  ancient  monument  within  the  meaning  of  the  Ancient  Monuments  and  Archaeological 

Sites and Remains Act, 1958 (24 of 1958); or 

(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious 

purpose. 

295.  Sale,  etc.,  of  obscene  objects  to  child.—Whoever  sells,  lets  to  hire,  distributes,  exhibits  or 
circulates to any child any such obscene object as is referred to in section 294, or offers or attempts so to 

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do, shall be punished on first conviction with imprisonment of either description for a term which may 
extend  to  three  years,  and  with  fine  which  may  extend  to  two  thousand  rupees,  and,  in  the  event  of  a 
second or subsequent conviction, with imprisonment of either description for a term which may extend to 
seven years, and also with fine which may extend to five thousand rupees. 

296. Obscene acts and songs.—Whoever, to the annoyance of others,— 

(a) does any obscene act in any public place; or 

(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, 

shall be punished with imprisonment of either description for a term which may extend to three months, 
or with fine which may extend to one thousand rupees, or with both. 

297. Keeping lottery office.—(1) Whoever keeps any office or place for the purpose of drawing any 
lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with 
imprisonment of either description for a term which may extend to six months, or with fine, or with both. 

(2) Whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear from 
doing  anything  for the  benefit of  any  person,  on  any event  or contingency  relative  or applicable to the 
drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may 
extend to five thousand rupees. 

CHAPTER XVI 

OF OFFENCES RELATING TO RELIGION 

298. Injuring or defiling place of worship with intent to insult religion of any class.—Whoever 
destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with 
the intention of thereby insulting the religion of any class of persons or with the knowledge that any class 
of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall 
be punished with imprisonment of either description for a term which may extend to two years, or with 
fine, or with both. 

299.  Deliberate  and  malicious  acts,  intended  to  outrage  religious  feelings  of  any  class  by 
insulting  its  religion  or  religious  beliefs.—Whoever,  with  deliberate  and  malicious  intention  of 
outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by 
signs or by visible representations or through electronic means or otherwise, insults or attempts to insult 
the religion or the religious beliefs of that class, shall be punished with imprisonment of either description 
for a term which may extend to three years, or with fine, or with both. 

300.  Disturbing  religious  assembly.—Whoever  voluntarily  causes  disturbance  to  any  assembly 
lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with 
imprisonment of either description for a term which may extend to one year, or with fine, or with both. 

301. Trespassing on burial places, etc.—Whoever, with the intention of wounding the feelings of 
any  person,  or  of  insulting  the  religion  of  any  person,  or  with  the  knowledge  that  the  feelings  of  any 
person  are  likely  to  be  wounded,  or  that  the  religion  of  any  person  is  likely  to  be  insulted  thereby, 
commits any trespass in any place of worship or on any place of sepulchre, or any place set apart for the 
performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any 
human  corpse,  or  causes  disturbance  to  any  persons  assembled  for  the  performance  of  funeral 
ceremonies, shall be punished with imprisonment of either description for a term  which may extend to 
one year, or with fine, or with both. 

302.  Uttering  words,  etc.,  with  deliberate  intent  to  wound  religious  feelings  of  any  person.—
Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word 
or  makes  any  sound  in  the  hearing  of  that  person  or  makes  any  gesture  in  the  sight  of  that  person  or 
places any object in the sight of that person, shall be punished with imprisonment of either description for 
a term which may extend to one year, or with fine, or with both. 

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CHAPTER XVII 

OF OFFENCES AGAINST PROPERTY 

Of theft 

303. Theft.—(1) Whoever, intending to take dishonestly any movable property out of the possession 
of  any  person  without  that  person’s  consent,  moves  that  property  in  order  to  such  taking,  is  said  to 
commit theft. 

Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the 
subject  of  theft;  but  it  becomes  capable  of  being  the  subject  of  theft  as  soon  as  it  is  severed  from  the 
earth. 

Explanation 2.—A moving effected by the same act which affects the severance may be a theft. 

Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented 

it from moving or by separating it from any other thing, as well as by actually moving it. 

Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal, 

and to move everything which, in consequence of the motion so caused, is moved by that animal. 

Explanation 5.—The consent mentioned in this section may be express or implied, and may be given 
either by the person in possession, or by any person having for that purpose authority either express or 
implied. 

Illustrations. 

(a)  A  cuts  down  a  tree  on  Z’s  ground,  with  the  intention  of  dishonestly  taking  the  tree  out  of  Z’s 
possession without Z’s consent. Here, as soon as A has severed  the tree in order to such taking, he has 
committed theft. 

(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention 
be dishonestly to take the dog out of Z’s possession without Z’s consent. A has committed theft as soon 
as Z’s dog has begun to follow A. 

(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order 
that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft 
of the treasure. 

(d) A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the 

plate, without Z’s consent. A has committed theft. 

(e)  Z,  going  on  a journey,  entrusts  his  plate to  A, the  keeper  of  a  warehouse,  till  Z  shall  return. A 
carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore 
be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal 
breach of trust. 

(f) A finds  a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s 

possession, and if A dishonestly removes it, A commits theft. 

(g) A finds a ring lying on the highroad, not in the possession of any person. A, by taking it, commits 

no theft, though he may commit criminal misappropriation of property. 

(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the 
ring  immediately  for  fear  of  search  and  detection,  A  hides  the  ring  in  a  place  where  it  is  highly 
improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and 
selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft. 

(i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not owing to the 
jeweler  any  debt  for  which  the  jeweler  might  lawfully  detain  the  watch  as  a  security,  enters  the  shop 
openly,  takes  his  watch  by  force  out  of  Z’s  hand,  and  carries  it  away.  Here  A,  though  he  may  have 
committed criminal trespass and assault, has not committed theft, in as much as what he did was not done 
dishonestly. 

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(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for 
the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as 
a security for his debt, he commits theft, in as much as he takes it dishonestly. 

(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not 
having paid what he borrowed on the watch, he commits theft, though the watch is his own property in as 
much as he takes it dishonestly. 

(l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with the intention of 
keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has 
therefore committed theft. 

(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book 
without Z’s express consent for the purpose merely of reading it, and with the intention of returning it. 
Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this 
was A’s impression, A has not committed theft. 

(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to 
Z her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If 
this was A’s impression, A has not committed theft. 

(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her 
husband  Z,  and  to  be  such  property  as  she  has  no  authority  from  Z  to  give.  If  A  takes  the  property 
dishonestly, he commits theft. 

(p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out 

of Z’s possession. Here, as A does not take dishonestly, he does not commit theft. 

(2)  Whoever  commits  theft  shall  be  punished  with  imprisonment  of  either  description  for  a  term 
which  may  extend  to  three  years,  or  with  fine,  or  with  both  and  in  case  of  second  or  subsequent 
conviction of any person under this section, he shall be punished with rigorous imprisonment for a term 
which shall not be less than one year but which may extend to five years and with fine: 

Provided that in cases of theft where the value of the stolen property is less than five thousand rupees, 
and a person is convicted for the first time, shall upon return of the value of property or restoration of the 
stolen property, shall be punished with community service. 

304. Snatching.—(1) Theft is snatching if, in order to commit theft, the offender suddenly or quickly 
or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable 
property. 

(2) Whoever commits snatching, shall be punished with imprisonment of either description for a term 

which may extend to three years, and shall also be liable to fine. 

305. Theft in a dwelling house, or means of transportation or place of worship, etc.—Whoever 

commits theft— 

(a) in any building, tent or vessel used as a human dwelling or used for the custody of property; 

or 

(b) of any means of transport used for the transport of goods or passengers; or 

(c)  of  any  article  or  goods  from  any  means  of  transport  used  for  the  transport  of  goods  or 

passengers; or 

(d) of idol or icon in any place of worship; or 

(e) of any property of the Government or of a local authority, 

shall be punished with imprisonment of either description for a term which may extend to seven years, 
and shall also be liable to fine. 

306. Theft by clerk or servant of property in possession of master.—Whoever, being a clerk or 
servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property 

87 

 
in the possession of his master or employer, shall be punished with imprisonment of either description for 
a term which may extend to seven years, and shall also be liable to fine. 

307. Theft after preparation made for causing death, hurt or restraint in order to committing 
of  theft.—Whoever  commits  theft,  having  made  preparation  for  causing  death,  or  hurt,  or  restraint,  or 
fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order 
to the effecting of his escape after the committing of such theft, or in order to the retaining of property 
taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten 
years, and shall also be liable to fine. 

Illustrations. 

(a) A commits theft on property in Z’s possession; and while committing this theft, he has a loaded 
pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. 
A has committed the offence defined in this section. 

(b)  A  picks  Z’s  pocket,  having  posted  several  of  his companions  near  him,  in  order that  they  may 
restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A 
has committed the offence defined in this section. 

Of extortion 

308. Extortion.—(1) Whoever intentionally puts any person in fear of any injury to that person, or to 
any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, 
or  valuable  security  or  anything  signed  or  sealed  which  may  be  converted  into  a  valuable  security, 
commits extortion. 

Illustrations. 

(a)  A  threatens  to  publish  a  defamatory  libel  concerning  Z  unless  Z  gives  him  money.  He  thus 

induces Z to give him money. A has committed extortion. 

(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver 
to  A  a  promissory  note  binding  Z  to  pay  certain  monies  to  A.  Z  signs  and  delivers  the  note.  A  has 
committed extortion. 

(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond 
binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the 
bond. A has committed extortion. 

(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank 
paper  and  deliver  it  to  A.  Z  signs  and  delivers  the  paper  to  A.  Here,  as  the  paper  so  signed  may  be 
converted into a valuable security. A has committed extortion. 

(e)  A  threatens  Z  by  sending  a  message  through  an  electronic  device  that  “Your  child  is  in  my 
possession, and will be put to death unless you send me one lakh rupees.” A thus induces Z to give him 
money. A has committed extortion. 

(2) Whoever commits extortion shall be punished with imprisonment of either description for a term 

which may extend to seven years, or with fine, or with both. 

(3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any 
person in fear, of any injury, shall be punished with imprisonment of either description for a term which 
may extend to two years, or with fine, or with both. 

(4) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of 
death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either 
description for a term which may extend to seven years, and shall also be liable to fine. 

(5)  Whoever  commits  extortion  by  putting  any  person  in  fear  of  death  or  of  grievous  hurt  to  that 
person or to any other, shall be punished with imprisonment of either description for a term which may 
extend to ten years, and shall also be liable to fine. 

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(6) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an 
accusation,  against  that  person  or  any  other,  of  having  committed,  or  attempted  to  commit,  an  offence 
punishable with death or with imprisonment for life, or with imprisonment for a term which may extend 
to ten years, shall be punished with imprisonment of either description  for a term which may extend to 
ten years, and shall also be liable to fine. 

(7) Whoever commits extortion by putting any person in fear of an accusation against that person or 
any  other,  of  having  committed  or  attempted  to  commit  any  offence  punishable  with  death,  or  with 
imprisonment  for  life,  or  with  imprisonment  for  a  term  which  may  extend  to  ten  years,  or  of  having 
attempted  to  induce  any  other  person to  commit  such  offence,  shall  be  punished  with  imprisonment  of 
either description for a term which may extend to ten years, and shall also be liable to fine. 

309. Robbery.—(1) In all robbery there is either theft or extortion. 

Of robbery and dacoity 

(2)  Theft  is  robbery  if,  in  order  to  the  committing  of  the  theft,  or  in  committing  the  theft,  or  in 
carrying  away  or  attempting  to  carry  away  property  obtained  by  the  theft,  the  offender,  for  that  end 
voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant 
death or of instant hurt, or of instant wrongful restraint. 

(3) Extortion is robbery if the offender, at the time of committing the extortion, is in the presence of 
the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant 
hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, 
induces the person so put in fear then and there to deliver up the thing extorted. 

Explanation.—The offender is said to be present if he is sufficiently near to put the other person in 

fear of instant death, of instant hurt, or of instant wrongful restraint. 

Illustrations. 

(a)  A  holds  Z  down,  and  fraudulently  takes  Z’s  money  and  jewels  from  Z’s  clothes,  without  Z’s 
consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused 
wrongful restraint to Z. A has therefore committed robbery. 

(b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders 
his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the 
time of committing the extortion in his presence. A has therefore committed robbery. 

(c)  A  meets  Z  and  Z’s  child  on  the  high  road.  A  takes  the  child,  and  threatens  to  fling  it  down  a 
precipice,  unless  Z  delivers  his  purse.  Z,  in  consequence,  delivers  his  purse.  Here  A  has  extorted  the 
purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore 
committed robbery on Z. 

(d) A obtains property from Z by saying—“Your child is in the hands of my gang, and will be put to 
death  unless  you  send  us  ten  thousand  rupees”.  This  is  extortion,  and  punishable  as  such;  but  it  is  not 
robbery, unless Z is put in fear of the instant death of his child. 

(4) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may 
extend  to  ten  years,  and  shall  also  be  liable  to  fine;  and,  if  the  robbery  be  committed  on  the  highway 
between sunset and sunrise, the imprisonment may be extended to fourteen years. 

(5)  Whoever  attempts  to  commit  robbery  shall  be  punished  with rigorous  imprisonment  for  a term 

which may extend to seven years, and shall also be liable to fine. 

(6)  If  any  person,  in  committing  or  in  attempting  to  commit  robbery,  voluntarily  causes  hurt, such 
person, and any other person jointly concerned in committing or attempting to commit such robbery, shall 
be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to 
ten years, and shall also be liable to fine. 

310. Dacoity.—(1) When five or more persons conjointly commit or attempt to commit a robbery, or 
where  the  whole  number  of  persons  conjointly  committing  or  attempting  to  commit  a  robbery,  and 

89 

 
persons  present  and  aiding  such  commission  or  attempt,  amount  to  five  or  more,  every  person  so 
committing, attempting or aiding, is said to commit dacoity. 

(2)  Whoever  commits  dacoity  shall  be  punished  with  imprisonment  for  life,  or  with  rigorous 

imprisonment for a term which may extend to ten years, and shall also be liable to fine. 

(3) If any one of five or more persons, who are conjointly committing dacoity, commits murder in so 
committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or 
rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine. 

(4)  Whoever  makes  any  preparation  for  committing  dacoity,  shall  be  punished  with  rigorous 

imprisonment for a term which may extend to ten years, and shall also be liable to fine. 

(5) Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be 
punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable 
to fine. 

(6)  Whoever  belongs  to  a  gang  of  persons  associated  for  the  purpose  of  habitually  committing 
dacoity,  shall  be  punished with  imprisonment  for life,  or  with rigorous imprisonment  for  a  term  which 
may extend to ten years, and shall also be liable to fine. 

311.  Robbery,  or  dacoity,  with  attempt  to  cause  death  or  grievous  hurt.—If,  at  the  time  of 
committing  robbery  or  dacoity,  the  offender  uses  any  deadly  weapon,  or  causes  grievous  hurt  to  any 
person,  or  attempts  to  cause  death  or  grievous  hurt  to  any  person,  the  imprisonment  with  which  such 
offender shall be punished shall not be less than seven years. 

312. Attempt to commit robbery or dacoity when armed with deadly weapon.—If, at the time of 
attempting  to  commit  robbery  or  dacoity,  the  offender  is  armed  with  any  deadly  weapon,  the 
imprisonment with which such offender shall be punished shall not be less than seven years. 

313. Punishment for belonging to gang of robbers, etc.—Whoever belongs to any gang of persons 
associated in habitually committing theft or robbery, and not being a gang of dacoits, shall be punished 
with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. 

Of criminal misappropriation of property 

314. Dishonest misappropriation of property.—Whoever dishonestly misappropriates or converts 
to  his  own  use  any  movable  property,  shall  be  punished  with  imprisonment  of  either  description  for  a 
term which shall not be less than six months but which may extend to two years and with fine. 

Illustrations. 

(a) A takes property belonging to Z out of Z’s possession, in good faith believing at the time when he 
takes  it,  that  the  property  belongs  to  himself.  A  is  not  guilty  of  theft;  but  if  A,  after  discovering  his 
mistake,  dishonestly  appropriates  the  property  to  his  own  use,  he  is  guilty  of  an  offence  under  this 
section. 

(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book 
without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take 
the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for 
his own benefit, he is guilty of an offence under this section. 

(c) A and B, being, joint owners of a horse. A takes the horse out of B’s possession, intending to use 
it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the 
horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. 

Explanation  1.—A  dishonest  misappropriation  for  a  time  only  is  a  misappropriation  within  the 

meaning of this section. 

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Illustration. 

A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that 
the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore 
it to Z. A has committed an offence under this section. 

Explanation  2.—A  person who  finds property  not in the  possession of any  other  person,  and  takes 
such  property  for  the  purpose  of  protecting  it  for,  or  of  restoring  it  to,  the  owner,  does  not  take  or 
misappropriate  it  dishonestly,  and  is  not  guilty  of  an  offence;  but  he  is  guilty  of  the  offence  above 
defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, 
or  before  he  has  used  reasonable  means  to  discover  and  give  notice  to  the  owner  and  has  kept  the 
property a reasonable time to enable the owner to claim it. 

What are reasonable means or what is a reasonable time in such a case, is a question of fact. 

It is not necessary that the finder should know who is the owner of the property, or that any particular 
person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his 
own property, or in good faith believe that the real owner cannot be found. 

Illustrations. 

(a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks up the rupee. 

Here A has not committed the offence defined in this section. 

(b) A finds a letter on the road, containing a bank-note. From the direction and contents of the letter 
he  learns  to  whom  the  note  belongs.  He  appropriates  the  note.  He  is  guilty  of  an  offence  under  this 
section. 

(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the 
cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can 
direct  him  to  the  person  in  whose  favour  the  cheque  was  drawn.  A  appropriates  the  cheque  without 
attempting to discover the owner. He is guilty of an offence under this section. 

(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it           

to Z, but afterwards appropriates it to his own use. A has committed an offence under this section. 

(e)  A  finds  a  purse  with  money,  not  knowing  to  whom  it  belongs;  he  afterwards  discovers  that  it 

belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section. 

(f)  A  finds  a  valuable  ring,  not  knowing  to  whom  it  belongs.  A  sells  it  immediately  without 

attempting to discover the owner. A is guilty of an offence under this section. 

315.  Dishonest  misappropriation  of  property  possessed  by  deceased  person  at  the  time  of  his 
death.—Whoever  dishonestly  misappropriates  or  converts  to  his  own  use  any  property,  knowing  that 
such property was in the possession of a deceased person at the time of that person’s decease, and has not 
since  been  in  the  possession  of  any  person  legally  entitled  to  such  possession,  shall  be  punished  with 
imprisonment of either description for a term which may extend to three years, and shall also be liable to 
fine, and if the offender at the time of such person’s decease was employed by him as a clerk or servant, 
the imprisonment may extend to seven years. 

Illustration. 

Z  dies  in  possession  of  furniture  and  money.  His  servant  A,  before  the  money  comes  into  the 
possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the 
offence defined in this section. 

316. Criminal breach of trust.—(1) Whoever, being in any manner entrusted with property, or with 
any  dominion  over  property,  dishonestly  misappropriates  or  converts  to  his  own  use  that  property,  or 
dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in 
which  such  trust  is  to  be  discharged,  or  of  any  legal  contract,  express  or  implied,  which  he  has  made 
touching  the  discharge  of  such  trust,  or  wilfully  suffers  any  other  person  so  to  do,  commits  criminal 
breach of trust. 

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Explanation  1.—A  person,  being  an  employer  of  an  establishment  whether  exempted  under                 

section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) or 
not  who  deducts  the  employee’s  contribution  from  the  wages  payable  to  the  employee  for  credit  to  a 
Provident  Fund  or  Family  Pension  Fund  established  by  any  law  for  the  time  being  in  force,  shall  be 
deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes 
default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed 
to  have  dishonestly  used  the  amount  of  the  said  contribution  in  violation  of  a  direction  of  law  as 
aforesaid. 

Explanation  2.—A  person,  being  an  employer,  who  deducts  the  employees’  contribution  from  the 
wages payable to the employee for credit to the Employees’ State Insurance Fund held and administered 
by  the  Employees’  State  Insurance  Corporation  established  under  the  Employees’  State  Insurance                 
Act, 1948 (34 of 1948) shall be deemed to  have been entrusted with the amount of the contribution so 
deducted by him and if he makes default in the payment of such contribution to the said Fund in violation 
of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation 
of a direction of law as aforesaid. 

Illustrations. 

(a)  A,  being  executor  to  the  will  of  a  deceased  person,  dishonestly  disobeys  the  law  which  directs 
him to divide the effects according to the will, and appropriates them to his own use. A has committed 
criminal breach of trust. 

(b) A is a warehouse-keeper Z going on a journey, entrusts his furniture to A, under a contract that it 
shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A 
has committed criminal breach of trust. 

(c) A, residing in Kolkata, is agent for Z, residing at Delhi. There is an express or implied contract 
between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z 
remits one lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly 
disobeys the directions and employs the money in his own business. A has committed criminal breach of 
trust. 

(d) But if A, in illustration (c), not dishonestly but in good faith, believing that it will be more for Z’s 
advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of 
Bengal,  for  Z,  instead  of  buying  Company’s  paper,  here,  though  Z  should  suffer  loss,  and  should  be 
entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has 
not committed criminal breach of trust. 

(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a 
contract,  express  or  implied,  with  the  Government,  to  pay  into  a  certain  treasury  all  the  public  money 
which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust. 

(f)  A,  a  carrier,  is  entrusted  by  Z  with  property  to  be  carried  by  land  or  by  water.  A  dishonestly 

misappropriates the property. A has committed criminal breach of trust. 

(2)  Whoever  commits  criminal  breach  of  trust  shall  be  punished  with  imprisonment  of  either 

description for a term which may extend to five years, or with fine, or with both. 

(3)  Whoever,  being  entrusted  with  property  as  a  carrier,  wharfinger  or  warehouse-keeper,  commits 
criminal  breach  of  trust  in  respect  of  such  property,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to seven years, and shall also be liable to fine. 

(4) Whoever,  being  a clerk  or  servant  or  employed as  a  clerk  or  servant, and being  in  any  manner 
entrusted in such capacity with property, or with any dominion over property, commits criminal breach of 
trust  in  respect  of  that  property,  shall  be  punished  with  imprisonment  of  either  description  for  a  term 
which may extend to seven years, and shall also be liable to fine. 

(5) Whoever, being in any manner entrusted with property, or with any dominion over property in his 
capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or 
agent commits criminal breach of trust in respect of that property, shall be punished with imprisonment 

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for life, or with imprisonment of either description for a term which may extend to ten years, and shall 
also be liable to fine. 

Of receiving stolen property 

317.  Stolen  property.—(1)  Property,  the  possession  whereof  has  been  transferred  by  theft  or 
extortion or robbery or cheating, and property which has been criminally misappropriated or in respect of 
which criminal breach of trust has been committed, is designated as stolen property, whether the transfer 
has been made, or the misappropriation or breach of trust has been committed, within or without India, 
but, if such property subsequently comes into the possession of a person legally entitled to the possession 
thereof, it then ceases to be stolen property. 

(2) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe 
the  same  to  be  stolen  property,  shall  be  punished  with  imprisonment  of  either  description  for  a  term 
which may extend to three years, or with fine, or with both. 

(3) Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or 
has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from 
a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, 
property  which  he  knows  or  has  reason  to  believe  to  have  been  stolen,  shall  be  punished  with 
imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall 
also be liable to fine. 

(4) Whoever habitually receives or deals in property which he knows or has reason to believe to be 
stolen property, shall be punished with imprisonment for life, or with imprisonment of either description 
for a term which may extend to ten years, and shall also be liable to fine. 

(5) Whoever voluntarily assists in concealing or disposing of or making away with property which he 
knows  or  has  reason  to  believe  to  be  stolen  property,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to three years, or with fine, or with both. 

Of cheating 

318.  Cheating.—(1)  Whoever,  by  deceiving  any  person,  fraudulently  or  dishonestly  induces  the 
person so deceived to deliver any property to any person, or to consent that any person shall retain any 
property, or intentionally induces the person so deceived to do or omit to do anything which he would not 
do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or 
harm to that person in body, mind, reputation or property, is said to cheat. 

Explanation.—A dishonest concealment of facts is a deception within the meaning of this section. 

Illustrations. 

(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly 

induces Z to let him have on credit goods for which he does not mean to pay. A cheats. 

(b)  A,  by  putting  a  counterfeit  mark  on  an  article,  intentionally  deceives  Z  into  a  belief  that  this 
article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for 
the article. A cheats. 

(c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the 
article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A 
cheats. 

(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by 
which  A  expects  that  the  bill  will  be  dishonoured,  intentionally  deceives  Z,  and  thereby  dishonestly 
induces Z to deliver the article, intending not to pay for it. A cheats. 

(e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, 

and thereby dishonestly induces Z to lend money. A cheats. 

(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him 

and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats. 

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(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo 
plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the 
faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo 
plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a 
civil action for breach of contract. 

(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, 

which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. 

(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to 
the  property,  sells  or  mortgages  the  same  to  Z,  without  disclosing  the  fact  of  the  previous  sale  and 
conveyance to B, and receives the purchase or mortgage money from Z. A cheats. 

(2) Whoever cheats shall be punished with imprisonment of either description for a term which may 

extend to three years, or with fine, or with both. 

(3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person 
whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal 
contract,  to  protect,  shall  be  punished  with  imprisonment  of  either  description  for  a  term  which  may 
extend to five years, or with fine, or with both. 

(4) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to 
any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is 
signed or sealed, and which is capable of being converted into a valuable security, shall be punished with 
imprisonment of either description for a term which may extend to seven years, and shall also be liable to 
fine. 

319.  Cheating  by  personation.—(1)  A  person  is  said  to  cheat  by  personation  if  he  cheats  by 
pretending  to  be  some  other  person,  or  by  knowingly  substituting  one  person  for  or  another,  or 
representing that he or any other person is a person other than he or such other person really is. 

Explanation.—The  offence  is  committed  whether  the  individual  personated  is  a  real  or  imaginary 

person. 

Illustrations. 

(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. 

(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation. 

(2) Whoever cheats by personation shall be punished with imprisonment of either  description for a 

term which may extend to five years, or with fine, or with both. 

Of fraudulent deeds and dispositions of property 

320.  Dishonest  or  fraudulent  removal  or  concealment  of  property  to  prevent  distribution 
among creditors.—Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or 
transfers  or  causes  to  be  transferred  to  any  person,  without  adequate  consideration,  any  property, 
intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of 
that property according to law among his creditors or the creditors of any other person, shall be punished 
with imprisonment of either description for a term which shall not be less than six months but which may 
extend to two years, or with fine, or with both. 

321.  Dishonestly  or  fraudulently  preventing  debt  being  available  for  creditors.—Whoever 
dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being 
made  available  according  to  law  for  payment  of  his  debts  or  the  debts  of  such  other  person,  shall  be 
punished with imprisonment of either description for a term which may extend to two years, or with fine, 
or with both. 

322.  Dishonest  or  fraudulent  execution  of  deed  of  transfer  containing  false  statement  of 
consideration.—Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or 
instrument which purports to transfer or subject to any charge any property, or any interest therein, and 
which contains any false statement relating to the consideration for such transfer or charge, or relating to 

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the  person  or  persons  for  whose  use  or  benefit  it  is  really  intended  to  operate,  shall  be  punished  with 
imprisonment of either description for a term which may extend to three years, or with fine, or with both. 

323.  Dishonest  or  fraudulent  removal  or  concealment  of  property.—Whoever  dishonestly  or 
fraudulently  conceals  or  removes  any  property  of  himself  or  any  other  person,  or  dishonestly  or 
fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim 
to which he is entitled, shall be punished with imprisonment of either description for a term which may 
extend to three years, or with fine, or with both. 

Of mischief 

324.  Mischief.—(1)  Whoever  with  intent to  cause,  or  knowing  that  he  is  likely  to cause,  wrongful 
loss or damage to the public or to any person, causes the destruction of any property, or any such change 
in  any  property  or  in  the  situation  thereof  as  destroys  or  diminishes  its  value  or  utility,  or  affects  it 
injuriously, commits mischief. 

Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause 
loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or 
knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether 
it belongs to that person or not. 

Explanation  2.—Mischief  may  be  committed  by  an  act  affecting  property  belonging  to  the  person 

who commits the act, or to that person and others jointly. 

Illustrations. 

(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A 

has committed mischief. 

(b)  A introduces  water  into  an  ice-house  belonging  to  Z  and  thus causes the ice  to  melt, intending 

wrongful loss to Z. A has committed mischief. 

(c)  A  voluntarily  throws  into  a  river  a  ring  belonging  to  Z,  with  the  intention  of  thereby  causing 

wrongful loss to Z. A has committed mischief. 

(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from 
him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of 
the debt, and of thus causing damage to Z. A has committed mischief. 

(e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing 

damage to the underwriters. A has committed mischief. 

(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on 

bottomry on the ship. A has committed mischief. 

(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful 

loss to Z. A has committed mischief. 

(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is 

likely to cause damage to Z’s crop. A has committed mischief. 

(2) Whoever commits mischief shall be punished with imprisonment of either description for a term 

which may extend to six months, or with fine, or with both. 

(3)  Whoever  commits  mischief  and  thereby  causes  loss  or  damage  to  any  property  including  the 
property of Government or Local Authority shall be punished with imprisonment of either description for 
a term which may extend to one year, or with fine, or with both. 

(4) Whoever commits mischief and thereby causes loss or damage to the amount of twenty thousand 
rupees and more but less than one lakh rupees shall be punished with imprisonment of either description 
for a term which may extend to two years, or with fine, or with both. 

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(5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh rupees 
or upwards, shall be punished with imprisonment of either description for a term which may extend to 
five years, or with fine, or with both. 

(6) Whoever commits mischief, having made preparation for causing to any person death, or hurt, or 
wrongful  restraint,  or  fear  of  death,  or  of  hurt,  or  of  wrongful  restraint,  shall  be  punished  with 
imprisonment of either description for a term which may extend to five years, and shall also be liable to 
fine. 

325.  Mischief  by  killing  or  maiming  animal.—Whoever  commits  mischief  by  killing,  poisoning, 
maiming or rendering useless any animal shall be punished with imprisonment of either description for a 
term which may extend to five years, or with fine, or with both. 

326.  Mischief  by  injury,  inundation,  fire  or  explosive  substance,  etc.—Whoever  commits 

mischief by,— 

(a) doing any act which causes, or which he knows to be likely to cause, a diminution of the supply 
of  water  for  agricultural  purposes,  or  for  food  or  drink  for  human  beings  or  for  animals  which  are 
property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of 
either description for a term which may extend to five years, or with fine, or with both; 

(b) doing  any  act  which  renders  or  which  he  knows  to  be likely  to  render any  public road,  bridge, 
navigable  river  or  navigable  channel,  natural  or  artificial,  impassable  or  less  safe  for  travelling  or 
conveying  property,  shall  be  punished  with  imprisonment  of  either  description  for  a  term  which  may 
extend to five years, or with fine, or with both; 

(c)  doing  any  act  which  causes  or  which  he  knows  to  be  likely  to  cause  an  inundation  or  an 
obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment 
of either description for a term which may extend to five years, or with fine, or with both; 

(d) destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing 
placed as a guide for navigators, or by any act which renders any such sign or signal less useful as a guide 
for navigators, shall be punished with imprisonment of either description for a term which may extend to 
seven years, or with fine, or with both; 

(e)  destroying  or  moving  any  land-mark  fixed  by  the  authority  of  a  public  servant,  or  by  any  act 
which  renders  such  land-mark  less  useful  as  such,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to one year, or with fine, or with both; 

(f) fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby 
cause,  damage  to  any  property  including  agricultural  produce,  shall  be  punished  with  imprisonment  of 
either description for a term which may extend to seven years, and shall also be liable to fine; 

(g) fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby 
cause,  the  destruction  of  any  building  which  is  ordinarily  used  as  a  place  of  worship  or  as  a  human 
dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with 
imprisonment of either description for a term which may extend to ten years, and shall also be liable to 
fine. 

327.  Mischief  with  intent  to  destroy  or  make  unsafe  a  rail,  aircraft,  decked  vessel  or  one  of 
twenty  tons  burden.—(1)  Whoever  commits  mischief  to  any  rail,  aircraft,  or  a  decked  vessel  or  any 
vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be 
likely  that  he  will  thereby  destroy  or  render  unsafe,  that  rail,  aircraft  or  vessel,  shall  be  punished  with 
imprisonment of either description for a term which may extend to ten years, and shall also be liable to 
fine. 

(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is 
described in sub-section (1), shall be punished with imprisonment for life or with imprisonment of either 
description for a term which may extend to ten years, and shall also be liable to fine. 

328.  Punishment  for  intentionally  running  vessel  aground  or  ashore  with  intent  to  commit   

theft, etc.—Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any 

96 

 
property  contained  therein or  to  dishonestly  misappropriate  any  such  property,  or  with intent that  such 
theft or misappropriation of property may be committed, shall be punished with imprisonment of either 
description for a term which may extend to ten years, and shall also be liable to fine. 

Of criminal trespass 

329.  Criminal  trespass  and  house-trespass.—(1)  Whoever  enters  into  or  upon  property  in  the 
possession  of  another  with  intent  to  commit  an  offence  or  to  intimidate, insult or  annoy  any  person  in 
possession of such property or  having lawfully entered into or upon such property, unlawfully remains 
there  with  intent  thereby  to  intimidate,  insult  or  annoy  any  such  person  or  with  intent  to  commit  an 
offence is said to commit criminal trespass. 

(2) Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel 
used as a human dwelling or any building used as a place for worship, or as a place for the custody of 
property, is said to commit house-trespass. 

Explanation.—The introduction of any part of the criminal trespasser’s body is entering sufficient to 

constitute house-trespass. 

(3) Whoever commits criminal trespass shall be punished with imprisonment of either description for 
a term which may extend to three months, or with fine which may extend to five thousand rupees, or with 
both. 

(4) Whoever commits house-trespass shall be punished with imprisonment of either description for a 
term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. 

330.  House-trespass  and  house-breaking.—(1)  Whoever  commits  house-trespass  having  taken 
precautions  to  conceal  such  house-trespass  from  some  person  who  has  a  right  to  exclude  or  eject  the 
trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking 
house-trespass. 

(2) A person is said to commit house-breaking who commits house-trespass if he effects his entrance 
into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or 
any part of it for the purpose of committing an offence, or having committed an offence therein, he quits 
the house or any part of it in any of the following ways, namely:— 

(a) if he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in 

order to the committing of the house-trespass; 

(b)  if  he  enters  or  quits  through  any  passage  not  intended  by  any  person,  other  than  himself  or  an 
abettor of the offence, for human entrance; or through any passage to which he has obtained access by 
scaling or climbing over any wall or building; 

(c)  if  he  enters  or  quits  through  any  passage  which  he  or  any  abettor  of  the  house-trespass  has 
opened,  in  order to  the  committing  of  the  house-trespass  by  any  means  by  which that  passage  was  not 
intended by the occupier of the house to be opened; 

(d) if he enters or quits by opening any lock in order to the committing of the house-trespass, or in 

order to the quitting of the house after a house-trespass; 

(e)  if  he  effects  his  entrance  or  departure  by  using  criminal  force  or  committing  an  assault,  or  by 

threatening any person with assault; 

(f) if he enters or quits by any passage which he knows to have been fastened against such entrance or 

departure, and to have been unfastened by himself or by an abettor of the house-trespass. 

Explanation.—Any out-house or building occupied with a house, and between which and such house 

there is an immediate internal communication, is part of the house within the meaning of this section. 

(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand 

through the aperture. This is house-breaking. 

Illustrations. 

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(b)  A  commits  house-trespass  by  creeping  into  a  ship  at  a  port-hole  between  decks.  This  is            

house-breaking. 

(c) A commits house-trespass by entering Z’s house through a window. This is house-breaking. 

(d) A commits house-trespass by entering Z’s house through the door, having opened a door which 

was fastened. This is house-breaking. 

(e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting 

a wire through a hole in the door. This is house-breaking. 

(f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s 

house, having opened the door with that key. This is house-breaking. 

(g)  Z  is  standing  in  his  doorway.  A  forces  a  passage  by  knocking  Z  down,  and  commits  house-

trespass by entering the house. This is house-breaking. 

(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the 

house, having deterred Z from opposing him by threatening to beat him. This is house-breaking. 

331.  Punishment  for  house-trespass  or  house-breaking.—(1)  Whoever  commits  lurking  house-
trespass or house-breaking, shall be punished with imprisonment of either description for a term which 
may extend to two years, and shall also be liable to fine. 

(2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall 
be  punished  with  imprisonment  of  either  description  for  a  term  which  may  extend  to  three  years,  and 
shall also be liable to fine. 

(3)  Whoever  commits  lurking  house-trespass  or  house-breaking,  in  order  to  the  committing  of  any 
offence punishable with imprisonment, shall be punished with imprisonment of either description for a 
term which may extend to three years, and shall also be liable to fine; and if the offence intended to be 
committed is theft, the term of the imprisonment may be extended to ten years. 

(4)  Whoever  commits  lurking  house-trespass  or  house-breaking  after  sunset  and  before  sunrise,  in 
order  to  the  committing  of  any  offence  punishable  with  imprisonment,  shall  be  punished  with 
imprisonment of either description for a term which may extend to five years, and shall also be liable to 
fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended 
to fourteen years. 

(5)  Whoever  commits  lurking  house-trespass,  or  house-breaking,  having  made  preparation  for 
causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for 
putting  any  person  in  fear  of  hurt  or  of  assault  or  of  wrongful  restraint,  shall  be  punished  with 
imprisonment of either description or a term which may extend to ten years, and  shall also be liable to 
fine. 

(6)  Whoever  commits  lurking  house-trespass  or  house-breaking  after  sunset  and  before  sunrise, 
having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully 
restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, 
shall be punished with imprisonment of either description for a term which may extend to fourteen years, 
and shall also be liable to fine. 

(7)  Whoever,  whilst  committing  lurking  house-trespass  or  house-breaking,  causes  grievous  hurt  to 
any  person  or  attempts  to  cause  death  or  grievous  hurt  to  any  person,  shall  be  punished  with 
imprisonment for life, or imprisonment of either description for a term which may extend to ten years, 
and shall also be liable to fine. 

(8)  If,  at  the  time  of  the  committing  of  lurking  house-trespass  or  house-breaking  after  sunset  and 
before  sunrise,  any  person  guilty  of  such  offence  shall  voluntarily  cause  or  attempt  to  cause  death  or 
grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or 
house-breaking  after  sunset  and  before  sunrise,  shall  be  punished  with  imprisonment  for  life,  or  with 
imprisonment of either description for a term which may extend to ten  years, and shall also be liable to 
fine. 

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332. House-trespass in order to commit offence.—Whoever commits house-trespass in order to the 

committing of any offence— 

(a)  punishable  with  death,  shall  be  punished  with  imprisonment  for  life,  or  with  rigorous 

imprisonment for a term not exceeding ten years, and shall also be liable to fine; 

(b)  punishable  with  imprisonment  for  life,  shall  be  punished  with  imprisonment  of  either 

description for a term not exceeding ten years, and shall also be liable to fine; 

(c) punishable with imprisonment, shall be punished with imprisonment of either description for 

a term which may extend to two years, and shall also be liable to fine: 

Provided that if the offence intended to be committed is theft, the term of the imprisonment  may be 

extended to seven years. 

333.  House-trespass  after  preparation  for  hurt,  assault  or  wrongful  restraint.—Whoever 
commits  house-trespass,  having  made  preparation  for  causing  hurt  to  any  person  or  for  assaulting  any 
person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or 
of  wrongful  restraint,  shall  be  punished  with imprisonment  of  either  description  for  a  term  which  may 
extend to seven years, and shall also be liable to fine. 

334.  Dishonestly  breaking  open  receptacle  containing  property.—(1)  Whoever  dishonestly  or 
with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which 
he  believes  to  contain  property,  shall  be  punished  with  imprisonment  of  either  description  for  a  term 
which may extend to two years, or with fine, or with both. 

(2)  Whoever,  being  entrusted  with  any  closed  receptacle  which  contains  or  which  he  believes  to 
contain  property,  without  having  authority  to  open  the  same,  dishonestly,  or  with  intent  to  commit 
mischief,  breaks  open  or  unfastens  that  receptacle,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to three years, or with fine, or with both. 

CHAPTER XVIII 

OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS 

335.  Making  a  false  document.—A  person  is  said  to  make  a  false  document  or  false  electronic 

record— 

(A) Who dishonestly or fraudulently— 

(i) makes, signs, seals or executes a document or part of a document; 

(ii) makes or transmits any electronic record or part of any electronic record; 

(iii) affixes any electronic signature on any electronic record; 

(iv)  makes  any  mark  denoting  the  execution  of  a  document  or  the  authenticity  of  the 

electronic signature, 

with  the  intention  of  causing  it  to  be  believed  that  such  document  or  part  of  document,  electronic 
record or electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the 
authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, 
executed or affixed; or 

(B)  Who  without  lawful  authority,  dishonestly  or  fraudulently,  by  cancellation  or  otherwise, 
alters a document or an electronic record in any material part thereof, after it has been made, executed 
or affixed with electronic signature either by himself or by any other person, whether such person be 
living or dead at the time of such alteration; or 

(C) Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document 
or an electronic record or to affix his electronic signature on any electronic record knowing that such 
person  by  reason  of  unsoundness  of  mind  or  intoxication  cannot,  or  that  by  reason  of  deception 

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practised upon him, he does not know the contents of the document or electronic record or the nature 
of the alteration. 

Illustrations. 

(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds 
cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote 
the letter. A has committed forgery. 

(b)  A,  without  Z’s  authority,  affixes  Z’s  seal  to  a  document  purporting  to  be  a  conveyance  of  an 
estate  from  Z  to  A,  with  the  intention  of  selling  the  estate  to  B  and  thereby  of  obtaining  from  B  the 
purchase-money. A has committed forgery. 

(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been 
inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A 
commits forgery. 

(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable 
and  authorises  B  to  fill  up  the  cheque  by  inserting  a  sum  not  exceeding  ten  thousand  rupees  for  the 
purpose  of  making  certain  payments.  B  fraudulently  fills  up  the  cheque  by  inserting  the  sum  of                 
twenty thousand rupees. B commits forgery. 

(e)  A  draws  a  bill  of  exchange  on  himself  in  the  name  of  B  without  B’s  authority,  intending  to 
discount it as a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A 
draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, 
and thereby to discount the bill, A is guilty of forgery. 

(f)  Z’s  will  contains  these  words—“I  direct  that  all  my  remaining  property  be  equally  divided 
between A, B and C.” A dishonestly scratches out B’s name, intending that it may be believed that the 
whole was left to himself and C. A has committed forgery. 

(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on 
the bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words 
“Pay  to  Z  or  his  order”,  and  thereby  converts  the  special  endorsement  into  a  blank  endorsement.  B 
commits forgery. 

(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a 
conveyance  of  the  same  estate  to  B,  dated  six  months  earlier  than  the  date  of  the  conveyance  to  Z, 
intending  it  to  be  believed  that  he  had  conveyed  the  estate  to  B  before  he  conveyed  it  to  Z.  A  has 
committed forgery. 

(i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named            

by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to 
sign the will. A has committed forgery. 

(j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of 
good character and in distressed circumstances from unforeseen misfortune, intending by means of such 
letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to 
part with property, A has committed forgery. 

(k)  A  without  B’s  authority  writes  a  letter  and  signs  it  in  B’s  name  certifying  to  A’s  character, 
intending thereby to obtain employment under Z. A has committed forgery in as much as he intended to 
deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract 
for service. 

Explanation 1.—A man’s signature of his own name may amount to forgery. 

(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was 

drawn by another person of the same name. A has committed forgery. 

Illustrations. 

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(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may 
afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it 
had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper 
pursuant to A’s intention, B is also guilty of forgery. 

(c)  A  picks  up  a  bill  of  exchange  payable  to  the  order  of  a  different  person  of  the  same  name.  A 
endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person 
to whose order it was payable; here A has committed forgery. 

(d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, 
in collusion with Z, executes a lease of the estate, to Z at a nominal rent and for a long period and dates 
the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the 
lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery 
by antedating it. 

(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to 
defraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding 
himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to 
have been made before A was on the point of insolvency. A has committed forgery under the first head of 
the definition. 

Explanation 2.—The making of a false document in the name of a fictitious person, intending it to be 
believed that the document was made by a real person, or in the name of a deceased person, intending it 
to be believed that the document was made by the person in his lifetime, may amount to forgery. 

Illustration. 

A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of 

such fictitious person with intent to negotiate it. A commits forgery. 

Explanation 3.—For the purposes of this section, the expression “affixing electronic signature” shall 
have  the  meaning  assigned  to  it  in  clause  (d)  of  sub-section  (1)  of section  2 of  the  Information 
Technology Act, 2000 (21 of 2000). 

336.  Forgery.—(1)  Whoever  makes  any  false  document  or  false  electronic  record  or  part  of  a 
document or electronic record, with intent to cause damage or injury, to the public or to any person, or to 
support any claim or title, or to cause any person to part with property, or to enter into any express or 
implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. 

(2) Whoever commits forgery shall be punished with imprisonment of either description for a term 

which may extend to two years, or with fine, or with both. 

(3) Whoever commits forgery, intending that the document or electronic record forged shall be used 
for the purpose of cheating, shall be punished with imprisonment of either description for a term which 
may extend to seven years, and shall also be liable to fine. 

(4) Whoever commits forgery, intending that the document or electronic record forged shall harm the 
reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with 
imprisonment of either description for a term which may extend to three years, and shall also be liable to 
fine. 

337.  Forgery  of  record  of  Court  or  of  public  register,  etc.—Whoever  forges  a  document  or  an 
electronic record, purporting to be a record or proceeding of or in a Court or an identity document issued 
by Government including voter identity card or Aadhaar Card, or a register of birth, marriage or burial, or 
a register kept by a public servant as such, or a certificate or document purporting to be made by a public 
servant in  his  official  capacity,  or  an  authority  to institute  or  defend  a suit,  or  to  take  any  proceedings 
therein,  or to confess judgment,  or  a  power  of  attorney,  shall  be  punished  with  imprisonment  of  either 
description for a term which may extend to seven years, and shall also be liable to fine. 

Explanation.—For  the  purposes  of  this  section,  “register”  includes  any  list,  data  or  record  of  any 
entries  maintained  in  the  electronic  form  as  defined  in  clause  (r)  of  sub-section  (1)  of section  2 of  the 
Information Technology Act, 2000 (21 of 2000). 

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338. Forgery of valuable security, will, etc.—Whoever forges a document which purports to be a 
valuable  security  or  a  will,  or  an  authority  to  adopt  a  son,  or  which  purports  to  give  authority  to  any 
person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, 
or to receive or deliver any money, movable property, or valuable security, or any document purporting 
to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the 
delivery of any movable property or valuable security, shall be punished with imprisonment for life, or 
with imprisonment of either description for a term which may extend to ten years, and shall also be liable 
to fine. 

339. Having  possession  of  document  described in  section  337  or  section 338,  knowing it  to  be 
forged and intending to use it as genuine.—Whoever has in his possession any document or electronic 
record, knowing the same to be forged and intending  that the same shall fraudulently or dishonestly be 
used as genuine, shall, if the document or electronic record is one of the description mentioned in section 
337 of this Sanhita, be punished with imprisonment of either description for a term which may extend to 
seven years, and shall also be liable to fine; and if the document is one of the description mentioned in 
section 338, shall be punished with imprisonment for life, or with imprisonment of either description, for 
a term which may extend to seven years, and shall also be liable to fine. 

340.  Forged  document  or  electronic  record  and  using  it  as  genuine.—(1)  A  false  document  or 
electronic record made wholly or in part by forgery is designated a forged document or electronic record. 

(2) Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he 
knows  or  has  reason  to  believe  to  be  a  forged  document  or  electronic  record,  shall  be  punished  in  the 
same manner as if he had forged such document or electronic record. 

341. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under 
section  338.—(1)  Whoever  makes  or  counterfeits  any  seal,  plate  or  other  instrument  for  making  an 
impression, intending that the same shall be used for the purpose of committing any forgery which would 
be punishable under section 338 of this Sanhita, or, with such intent, has in his possession any such seal, 
plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for 
life,  or  with  imprisonment  of  either  description  for a  term  which  may  extend to  seven  years, and  shall 
also be liable to fine. 

(2)  Whoever  makes  or  counterfeits  any  seal,  plate  or  other  instrument  for  making  an  impression, 
intending  that  the  same  shall  be  used  for  the  purpose  of  committing  any  forgery  which  would  be 
punishable  under  any  section  of  this  Chapter  other  than  section  338,  or,  with  such  intent,  has  in  his 
possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished 
with imprisonment of either description for a term which may extend to seven years, and shall also be 
liable to fine. 

(3) Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall 
be  punished  with  imprisonment  of  either  description  for  a  term  which  may  extend  to  three  years,  and 
shall also be liable to fine. 

(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing 
or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had 
made or counterfeited such seal, plate or other instrument. 

342. Counterfeiting device or mark used for authenticating documents described in section 338, 
or  possessing  counterfeit  marked  material.—(1)  Whoever  counterfeits  upon,  or  in  the  substance  of, 
any  material,  any  device  or  mark  used  for  the  purpose  of  authenticating  any  document  described  in 
section 338, intending that such device or mark shall be used for the purpose of giving the appearance of 
authenticity to any document then forged or thereafter to be forged on such material, or who, with such 
intent, has in his possession any material upon or in the substance of which any such device or mark has 
been  counterfeited,  shall  be  punished  with  imprisonment  for  life,  or  with  imprisonment  of  either 
description for a term which may extend to seven years, and shall also be liable to fine. 

(2) Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the 
purpose  of  authenticating  any  document  or  electronic  record  other  than  the  documents  described  in 

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section 338, intending that such device or mark shall be used for the purpose of giving the appearance of 
authenticity to any document then forged or thereafter to be forged on such material, or who with such 
intent, has in his possession any material upon or in the substance of which any such device or mark has 
been  counterfeited,  shall  be  punished  with  imprisonment  of  either  description  for  a  term  which  may 
extend to seven years, and shall also be liable to fine. 

343.  Fraudulent  cancellation,  destruction,  etc.,  of  will,  authority  to  adopt,  or  valuable 
security.—Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or 
to  any  person,  cancels,  destroys  or  defaces,  or  attempts  to  cancel,  destroy  or  deface,  or  secretes  or 
attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any 
valuable security, or commits mischief in respect of such document, shall be punished with imprisonment 
for life, or with imprisonment of either description for a term which may extend to seven years, and shall 
also be liable to fine. 

344. Falsification of accounts.—Whoever, being a clerk, officer or servant, or employed or acting in 
the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates 
or falsifies any book, electronic record, paper, writing, valuable security or account which belongs to or is 
in  the  possession  of  his  employer,  or  has  been  received  by  him  for  or  on  behalf  of  his  employer,  or 
wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or 
abets the omission or alteration of any material particular from or in, any such book, electronic record, 
paper, writing, valuable security or account, shall be punished with imprisonment of either description for 
a term which may extend to seven years, or with fine, or with both. 

Explanation.—It  shall  be  sufficient  in  any  charge  under  this  section  to  allege  a  general  intent  to 
defraud without naming any particular person intended to be defrauded or specifying any particular sum 
of  money  intended  to  be  the  subject  of  the  fraud,  or  any  particular  day  on  which  the  offence  was 
committed. 

Of property marks 

 345. Property mark.—(1) A mark used for denoting that movable property belongs to a particular 

person is called a property mark. 

(2)  Whoever  marks  any  movable  property  or  goods  or  any  case,  package  or  other  receptacle 
containing  movable  property  or  goods,  or  uses  any  case,  package  or  other  receptacle  having  any  mark 
thereon,  in  a  manner  reasonably  calculated  to  cause  it  to  be  believed  that  the  property  or  goods  so 
marked,  or  any  property  or  goods  contained  in  any  such  receptacle  so  marked,  belong  to  a  person  to 
whom they do not belong, is said to use a false property mark. 

(3)  Whoever  uses  any  false  property  mark  shall,  unless  he  proves  that  he  acted  without  intent  to 
defraud, be punished with imprisonment of either description for a term which may extend to one year, or 
with fine, or with both. 

346.  Tampering with  property  mark with  intent  to  cause injury.—Whoever  removes,  destroys, 
defaces  or  adds  to  any  property  mark,  intending  or  knowing  it  to  be  likely  that  he  may  thereby  cause 
injury  to  any  person,  shall  be  punished  with  imprisonment  of  either  description  for  a  term  which  may 
extend to one year, or with fine, or with both. 

347. Counterfeiting a property mark.—(1) Whoever counterfeits any property mark used by any 
other person shall be punished with imprisonment of either description for a term which may extend to 
two years, or with fine, or with both. 

(2) Whoever counterfeits any property mark used by a public servant, or any mark used by a public 
servant to denote that any property has been manufactured by a particular person or at a particular time or 
place, or that the property is of a particular quality or has passed through a particular office, or that it is 
entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be 
punished with imprisonment of either description for a term which may extend to three years, and shall 
also be liable to fine. 

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348.  Making  or  possession  of  any  instrument  for  counterfeiting  a  property  mark.—Whoever 
makes  or  has  in  his  possession  any  die,  plate  or  other  instrument  for  the  purpose  of  counterfeiting  a 
property mark, or has in his possession a property mark for the purpose of denoting that any goods belong 
to a person to whom they do not belong, shall be punished with imprisonment of either description for a 
term which may extend to three years, or with fine, or with both. 

349. Selling goods marked with a counterfeit property mark.—Whoever sells, or exposes, or has 
in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon 
the same or to or upon any case, package or other receptacle in which such goods are contained, shall, 
unless he proves— 

(a) that, having taken all reasonable precautions against committing an offence against this section, 
he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the 
mark; and 

(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power 

with respect to the persons from whom he obtained such goods or things; or 

(c) that otherwise he had acted innocently,  

be punished with imprisonment of either description for a term which may extend to one year, or with 
fine, or with both. 

350. Making a false mark upon any receptacle containing goods.—(1) Whoever makes any false 
mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to 
cause any public servant or any other person to believe that such receptacle contains goods which it does 
not contain or that it does not contain goods which it does contain, or that the goods contained in such 
receptacle  are  of  a  nature  or  quality  different  from  the  real  nature  or  quality  thereof,  shall,  unless  he 
proves that he acted without intent to defraud, be punished with imprisonment of either description for a 
term which may extend to three years, or with fine, or with both. 

(2)  Whoever  makes  use  of  any  false  mark  in  any  manner  prohibited  under  sub-section  (1)  shall, 

unless he proves that he acted without intent to defraud, 

be punished as if he had committed the offence under sub-section (1). 

CHAPTER XIX 

OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC. 

351. Criminal intimidation.—(1) Whoever threatens another by any means, with any injury to his 
person, reputation or property, or to the person or reputation of any one in whom that person is interested, 
with intent to cause  alarm  to that  person,  or to cause that  person to  do  any  act which he is  not  legally 
bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding 
the execution of such threat, commits criminal intimidation. 

Explanation.—A  threat  to  injure  the  reputation  of  any  deceased  person  in  whom  the  person 

threatened is interested, is within this section. 

Illustration. 

A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B’s house. A 

is guilty of criminal intimidation. 

(2) Whoever  commits  the offence  of  criminal  intimidation  shall  be  punished  with  imprisonment  of 

either description for a term which may extend to two years, or with fine, or with both. 

(3) Whoever commits the offence of criminal intimidation by threatening to cause death or grievous 
hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 
imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute 
unchastity to a woman, shall be punished with imprisonment of either description for a term which may 
extend to seven years, or with fine, or with both. 

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(4)  Whoever  commits  the  offence  of  criminal  intimidation  by  an  anonymous  communication,  or 
having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be 
punished with imprisonment of either description for a term which may extend to two years, in addition 
to the punishment provided for the offence under sub-section (1). 

352. Intentional insult with intent to provoke breach of peace.—Whoever intentionally insults in 
any manner, and thereby gives provocation to any person, intending or knowing it to be likely that such 
provocation will cause him to break the public peace, or to commit any other offence, shall be punished 
with imprisonment of either description for a term which may extend to two years, or with fine, or with 
both. 

353.  Statements  conducing  to  public  mischief.—(1)  Whoever  makes,  publishes  or  circulates  any 

statement, false information, rumour, or report, including through electronic means— 

(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the 

Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or 

(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section 
of the public whereby any person may be induced to commit an offence against the State or against 
the public tranquillity; or 

(c) with intent to incite, or which is likely to incite, any class or community of persons to commit 

any offence against any other class or community, 

shall be punished with imprisonment which may extend to three years, or with fine, or with both. 

(2)  Whoever  makes,  publishes  or  circulates  any  statement  or  report  containing  false  information, 
rumour or alarming news, including through electronic means, with intent to create or promote, or which 
is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or 
community  or  any  other  ground  whatsoever,  feelings  of  enmity,  hatred  or  ill  will  between  different 
religious,  racial,  language  or  regional  groups  or  castes  or  communities,  shall  be  punished  with 
imprisonment which may extend to three years, or with fine, or with both. 

(3)  Whoever  commits  an  offence  specified  in  sub-section  (2)  in  any  place  of  worship  or  in  any 
assembly  engaged  in  the  performance  of  religious  worship  or  religious  ceremonies,  shall  be  punished 
with imprisonment which may extend to five years and shall also be liable to fine. 

Exception.—It does not amount to an offence, within the meaning of this section, when the person 
making, publishing or circulating any such statement, false information, rumour or report, has reasonable 
grounds  for  believing  that  such  statement,  false  information,  rumour  or  report  is  true  and  makes, 
publishes or circulates it in good faith and without any such intent as aforesaid. 

354.  Act  caused  by  inducing  person  to  believe  that  he  will  be  rendered  an  object  of  Divine 
displeasure.—Whoever  voluntarily  causes  or  attempts  to  cause  any  person  to  do  anything  which  that 
person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing 
or attempting to induce that person to believe that he or any person in whom he is interested will become 
or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing 
which it is the object of the offender to cause him to do, or if he does the thing which it is the object of 
the offender to cause him to omit, shall be punished with imprisonment of either description for a term 
which may extend to one year, or with fine, or with both. 

Illustrations. 

(a)  A  sits  dharna  at  Z’s  door  with  the  intention  of  causing  it  to  be  believed  that,  by  so  sitting,  he 

renders Z an object of Divine displeasure. A has committed the offence defined in this section. 

(b)  A  threatens  Z  that,  unless  Z  performs  a  certain  act,  A  will  kill  one  of  A’s own  children,  under 
such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has 
committed the offence defined in this section. 

355. Misconduct in public by a drunken person.—Whoever, in a state of intoxication, appears in 
any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such 

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a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term 
which may extend to twenty-four hours, or with fine which may extend to one thousand rupees, or with 
both or with community service. 

Of defamation 

356. Defamation.—(1) Whoever, by words either spoken or intended to be read, or by signs or by 
visible  representations,  makes  or  publishes  in  any  manner,  any  imputation  concerning  any  person 
intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation 
of such person, is said, except in the cases hereinafter excepted, to defame that person. 

Explanation  1.—It  may  amount  to  defamation  to  impute  anything  to  a  deceased  person,  if  the 
imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings 
of his family or other near relatives. 

Explanation  2.—It  may  amount  to  defamation to  make  an  imputation  concerning  a  company  or  an 

association or collection of persons as such. 

Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to 

defamation. 

Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly 
or  indirectly,  in  the  estimation  of  others,  lowers  the  moral  or  intellectual  character  of  that  person,  or 
lowers  the character  of  that  person  in  respect of his  caste  or  of  his  calling,  or  lowers the  credit  of that 
person,  or  causes  it  to  be  believed  that  the  body  of  that  person  is  in  a  loathsome  state,  or  in  a  state 
generally considered as disgraceful. 

Illustrations. 

(a) A says—“Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that 

Z did steal B’s watch. This is defamation, unless it falls within one of the exceptions. 

(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s 

watch. This is defamation, unless it falls within one of the exceptions. 

(c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s 

watch. This is defamation, unless it falls within one of the exceptions. 

Exception 1.—It is not defamation to impute anything which is true  concerning any person, if it be 
for the public good that the imputation should be made or published. Whether or not it is for the public 
good is a question of fact. 

Exception  2.—It  is  not  defamation  to  express  in  good  faith  any  opinion  whatever  respecting  the 
conduct of a public servant in the discharge of his public functions, or respecting his character, so far as 
his character appears in that conduct, and no further. 

Exception  3.—It  is  not  defamation  to  express  in  good  faith  any  opinion  whatever  respecting  the 
conduct of any person touching any public question, and respecting his character, so far as his character 
appears in that conduct, and no further. 

Illustration. 

It  is  not  defamation  in  A  to  express  in  good  faith  any  opinion  whatever  respecting  Z’s  conduct  in 
petitioning Government on a public question, in signing a requisition for a meeting on a public question, 
in  presiding  or  attending  at  such  meeting,  in  forming  or  joining  any  society  which  invites  the  public 
support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of 
the duties of which the public is interested. 

Exception 4.—It is not defamation to publish substantially true report of the proceedings of a Court, 

or of the result of any such proceedings. 

Explanation.—A Magistrate or other officer holding an inquiry in open Court preliminary to a trial in 

a Court, is a Court within the meaning of the above section. 

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Exception  5.—It  is  not  defamation  to  express  in  good  faith  any  opinion  whatever  respecting  the 
merits of any case, civil or criminal, which has been decided by a Court, or respecting the conduct of any 
person as a party, witness or agent, in any such case, or respecting the character of such person, as far as 
his character appears in that conduct, and no further. 

Illustrations. 

(a)  A  says—“I  think  Z’s  evidence  on  that  trial  is  so  contradictory  that  he  must  be  stupid  or 
dishonest”. A is within this exception if he says this in good faith, in as much as the opinion which he 
expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further. 

(b) But if A says—“I do not believe what Z asserted at that trial because I  know him to be a man 
without  veracity”;  A  is  not  within  this  exception,  in  as  much  as  the  opinion  which  expresses  of  Z’s 
character, is an opinion not founded on Z’s conduct as a witness. 

Exception 6.—It is not defamation to express in good faith any opinion respecting the merits of any 
performance which its author has submitted to the judgment of the public, or respecting the character of 
the author so far as his character appears in such performance, and no further. 

Explanation.—A performance may be submitted to the judgment of the public expressly or by acts on 

the part of the author which imply such submission to the judgment of the public. 

Illustrations. 

(a) A person who publishes a book, submits that book to the judgment of the public. 

(b) A person who makes a speech in public, submits that speech to the judgment of the public. 

(c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of 

the public. 

(d)  A  says  of  a  book  published  by  Z—“Z’s  book  is  foolish;  Z  must  be  a  weak  man.  Z’s  book  is 
indecent; Z must be a man of impure mind”. A is within the exception, if he says this in good faith, in as 
much as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book, 
and no further. 

(e) But if A says “I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a 
libertine”. A is not within this exception, in as much as the opinion which he expresses of Z’s character is 
an opinion not founded on Z’s book. 

Exception 7.—It is not defamation in a person having over another any authority, either conferred by 
law  or  arising  out  of  a  lawful  contract  made  with  that  other,  to  pass  in  good  faith  any  censure  on  the 
conduct of that other in matters to which such lawful authority relates. 

Illustration. 

A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a 
department  censuring  in  good  faith  those  who  are  under  his  orders,  a  parent  censuring  in  good  faith  a 
child  in  the  presence  of  other  children;  a  school  master,  whose  authority  is  derived  from  a  parent, 
censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith 
for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such 
cashier as such cashier are within this exception. 

Exception 8.—It is not defamation to prefer in good faith an accusation against any person to any of 

those who have lawful authority over that person with respect to the subject-matter of accusation. 

Illustration. 

If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a 
servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father, A is within 
this exception. 

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Exception 9.—It is not defamation to make an imputation on the character of another provided that 
the imputation be made in good faith for the protection of the interests of the person making it, or of any 
other person, or for the public good. 

Illustrations. 

(a) A, a shopkeeper, says to B, who  manages his business—“Sell nothing to Z  unless he pays you 
ready  money,  for  I  have  no  opinion  of  his  honesty”.  A  is  within  the  exception,  if  he  has  made  this 
imputation on Z in good faith for the protection of his own interests. 

(b)  A,  a  Magistrate,  in  making  a  report  to  his  own  superior  officer,  casts  an  imputation  on  the 
character  of  Z.  Here,  if  the  imputation  is  made  in  good  faith,  and  for the  public  good,  A  is  within  the 
exception. 

Exception 10.—It is not defamation to convey a caution, in good faith, to one person against another, 
provided  that  such  caution  be intended for  the  good of the  person  to  whom  it  is  conveyed,  or  of some 
person in whom that person is interested, or for the public good. 

(2)  Whoever  defames  another  shall  be  punished  with  simple  imprisonment  for  a  term  which  may 

extend to two years, or with fine, or with both, or with community service. 

(3)  Whoever  prints  or  engraves  any  matter,  knowing  or  having  good  reason  to  believe  that  such 
matter is defamatory of any person, shall be punished with  simple imprisonment for a term which may 
extend to two years, or with fine, or with both. 

(4) Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, 
knowing that it contains such matter, shall be punished with simple imprisonment for a term which may 
extend to two years, or with fine, or with both. 

Of breach of contract to attend on and supply wants of helpless person 

357.  Breach  of  contract  to  attend  on  and  supply  wants  of  helpless  person.—Whoever,  being 
bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or 
of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his 
own  safety  or  of  supplying  his  own  wants,  voluntarily  omits  so  to  do,  shall  be  punished  with 
imprisonment of either description for a term which may extend to three months, or with fine which may 
extend to five thousand rupees, or with both. 

CHAPTER XX 
REPEAL AND SAVINGS 

358. Repeal and savings.—(1) The Indian Penal Code (45 of 1860) is hereby repealed. 

(2) Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect,— 

(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; 

or 

(b)  any  right,  privilege,  obligation  or  liability  acquired,  accrued  or  incurred  under  the  Code  so 

repealed; or 

(c) any penalty, or punishment incurred in respect of any offences committed against the Code so 

repealed; or 

(d) any investigation or remedy in respect of any such penalty, or punishment; or 

(e)  any  proceeding,  investigation  or  remedy  in  respect  of  any  such  penalty  or  punishment  as 
aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such 
penalty may be imposed as if that Code had not been repealed. 

(3)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken  under  the  said  Code  shall  be 

deemed to have been done or taken under the corresponding provisions of this Sanhita. 

(4) The  mention  of  particular  matters  in  sub-section  (2)  shall  not  be  held  to  prejudice  or  affect the 
general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of 
the repeal. 

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